# SERGEJS BUIVIDS v. THE AUGSTĀKĀ TIESA

- Type: Case Law
- Source: CJEU
- Date: 2019-02-14
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0345&ref=6133
- Canonical: https://overview.legal/posts/6133
- Topics: Material scope (GDPR), Personal Data, Law Enforcement

## Summary

Material scope: The recording of a video of police officers in a police station, while a statement is being made, and the publication of that video on a video website, on which users can send, watch and share videos, are matters which come within the scope of that directive. (¶¶ 31-32, 46-47)

## Sections (5)

### ¶31

According to the case-law of the Court, the image of a person recorded by a camera constitutes ‘personal data’ within the meaning of Article 2(a) of Directive 95/46 inasmuch as it makes it possible to identify the person concerned (see, to that effect, judgment of

> Topics: Personal Data · Applies: gdpr-art-2-en

### ¶11

December 2014, Ryneš, C‑212/13, EU:C:2014:2428, paragraph 22).

### ¶32

In the present case, it is apparent from the order for reference that it is possible to see and hear the police officers in the video in question, with the result that it must be held that those recorded images of persons constitute personal data within the meaning of Article 2(a) of Directive 95/46.

> Topics: Personal Data · Applies: gdpr-art-2-en

### ¶46

Furthermore, it is apparent from the Court’s case-law that the fact that information is provided as part of a professional activity does not mean that it cannot be characterised as ‘personal data’ (see, to that effect, judgment of

> Topics: Personal Data

### ¶47

In the light of the foregoing, the answer to the first question is that Article 3 of Directive 95/46 must be interpreted as meaning that the recording of a video of police officers in a police station, while a statement is being made, and the publication of that video on a video website, on which users can send, watch and share videos, are matters which come within the scope of that directive.

> Applies: gdpr-art-3-en

## Cited law provisions (2)

### GDPR — gdpr-art-2-en

Material scope

### GDPR — gdpr-art-3-en

Territorial scope

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