SCHWARZ V. BOCHUM, 17.10.2014 (“SCHWARZ”)

Processing: Taking and storing fingerprints constitute processing. (¶¶ 28–29)

In addition, as can be seen from Article 2(b) of Directive 95/46, processing of personal data means any operation performed upon such data by a third party, such as the collecting, recording, storage, consultation or use thereof.

Applying Article 1(2) of Regulation No 2252/2004 means that national authorities are to take a person’s fingerprints and that those fingerprints are to be kept in the storage medium in that person’s passport. Such measures must therefore be viewed as a processing of personal data.