Judgment
Full text
The applicant submits that the contested decision constitutes an unlawful interference with the right to privacy, for the following reasons. First, it follows from the arguments set out in support of each of the pleas in the application that that interference is not provided for by law, namely Article 18(3) of Regulation No 1/2003. Second, providing the Commission with all the documents captured by the search terms in the contested decision entails communicating personal data relating to: (i) the custodians referred to in that decision, (ii) other members of the applicant’s staff and (iii) friends or family members of those persons (‘the personal data at issue’). Third, the applicant submits that it cannot be required to communicate to the Commission information which is irrelevant for the purposes of the investigation. It maintains that, if that were the case, it would contravene Article 6(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1, and corrigendum OJ 2018 L 127, p. 2), by unlawfully processing personal data, in so far as it is not necessary for compliance with a legal obligation, within the meaning of that provision.