# SCHWARZ V. BOCHUM, 17.10.2014 (“SCHWARZ”)

- Type: Case Law
- Source: CJEU
- Date: 2013-10-17
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62012CJ0291
- Canonical: https://overview.legal/posts/5967
- Topics: Consent, Legitimate Interest, Lawful Basis, Biometric Data, Biometric Data, Processing

## Summary

Lawful basis: It is essential for citizens of the EU to own a passport in order to travel to a third country, and a passport must contain fingerprints. Therefore, citizens are not free to object to processing of their fingerprints, and thus persons applying for passports cannot be deemed to have consented to that processing. (¶ 32)

## Full text

## Court Summary

Lawful basis: It is essential for citizens of the EU to own a passport in order to travel to a third country, and a passport must contain fingerprints. Therefore, citizens are not free to object to processing of their fingerprints, and thus persons applying for passports cannot be deemed to have consented to that processing. (¶ 32)

## Excerpt

32      First of all, concerning the condition requiring the consent of persons applying for passports before their fingerprints can be taken, it should be noted that, as a general rule, it is essential for citizens of the Union to own a passport in order, for example, to travel to non-member countries and that that document must contain fingerprints pursuant to Article 1(2) of Regulation No 2252/2004. Therefore, citizens of the Union wishing to make such journeys are not free to object to the processing of their fingerprints. In those circumstances, persons applying for passports cannot be deemed to have consented to that processing.

## Cited law provisions (1)

### GDPR — gdpr-art-1-par-2-en

This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

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