The Supreme Administrative Court of Sweden (Högsta förvaltningsdomstolen) has made a new reference for a preliminary ruling to the Court of Justice of the European Union (CJEU or the Court) for an interpretation of Articles 13 and 14 of the General Data Protection Regulation (GDPR) in what will be known as Case C-422/24, Storstockholms Lokaltrafik.
Article 13 GDPR concerns information to be provided where personal data are collected from the data subject, and Article 14 GDPR concerns information to be provided where personal data have not been obtained from the data subject.
In the case at hand, a local transport company – Storstockholms Lokaltrafik – has some of its workers make use of body-worn cameras in the course of their work, in particular, ticket inspectors on public transport. The company states the purpose of some of its employees wearing body-worn cameras is twofold: 1) to prevent threats made by users of public transport against its employees, and to documents them where made; and, 2) to identify travellers who have been issued with fines for not having the correct tickets when making use of public transport
The Swedish Authority for Privacy Protection (Integritetsskyddsmyndigheten) had made a decision that the local transport company did not comply with Article 13 GDPR when it collected personal data, and therefore, must pay a fine. In its view, for a certain time period in particular, the company did not inform data subjects – transport users – with sufficient information.
But the jist of the case concerns which provision of the GDPR applies – Article 13 GDPR or Article 14 GDPR?
The case has been referred to the CJEU by the Supreme Administrative Court of Sweden, but it must be noted that at the Court of Appeal (Kammarrätten) stage, it viewed that Article 13 GDPR did not apply when it came to body-worn cameras. Whilst there is some prior CJEU case-law on camera (e.g., Case C-212/13, Ryneš) that was decided prior to the application of the GDPR, and has distinguished facts that could determine a different outcome.
The case at hand in now before the CJEU, and will be heard later in 2024, or in early 2025.
The case before the Court of Justice of the European Union, Case C-422/24, Storstockholms Lokaltrafik, can be followed in the meantime here.