CJEU Rules Against Bulgaria’s Biometric Data Collection Practices

The Court of Justice of the European Union (CJEU) has delivered a pivotal judgment against Bulgaria’s biometric data collection practices, emphasizing the necessity for authorities to justify such data collection on a case-by-case basis. The ruling mandates that biometric data collection must be deemed absolutely necessary.

The case arose from a complaint by a Bulgarian woman accused of tax crimes, who claimed that her biometric data was forcibly collected by the police. This led to a referral to the CJEU by Sofia City Court judge Ivo Hinov, challenging the Bulgarian law on biometric data collection.

The CJEU’s ruling highlights several key points. Firstly, it establishes a “necessity requirement,” obliging the Bulgarian interior ministry to prove an “absolute necessity” for collecting biometric data in each instance. This sets a higher standard for human rights protection, requiring police to justify every case of biometric data collection.

Additionally, the ruling confirms that Bulgarian law on biometric data collection is incompatible with EU law. However, the law remains in effect until the Bulgarian parliament decides to comply with the CJEU’s judgment.

This decision reinforces a previous CJEU ruling from January 26, 2023, which declared that Bulgarian police could not systematically collect biometric and genetic data from every person charged with an intentional crime of a general nature. The CJEU’s stance aligns with its earlier decision that prohibits the indefinite storage of biometric data, emphasizing the need for periodic reviews to justify continued data retention.

The CJEU’s decision is part of a broader EU context of data protection. The European Data Protection Supervisor (EDPS) has stressed the need for robust data protection frameworks, particularly in initiatives like the Prüm Treaty, which involves the exchange of biometric data among member states. The EDPS has also called for a full ban on public facial recognition technology to protect civil liberties.

Bulgaria faces ongoing challenges regarding personal data protection and the right to private and family life. The country has previously been condemned twice by the European Court of Human Rights in Strasbourg for inadequate control over secret police surveillance and phone call recording.

The CJEU’s ruling against Bulgaria underscores the critical importance of stringent data protection standards within the EU, ensuring that any collection of biometric data is justified as absolutely necessary to safeguard individual rights.

Source: Euractiv

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November 29, 2024 – by Ji-seo Kim