The Court of Justice of EU examined a case concerning the compatibility of Bulgarian law with Directive 2016/680 on the protection of individuals’ personal data during criminal investigations and penalties, as well as Article 52(1) of the Charter of Fundamental Rights. NG, who had been convicted of providing false testimony and served a suspended sentence, requested the Bulgarian Ministry of the Interior to delete the record of his conviction from police records. The authority denied his request due to a lack of legal grounds, leading to the indefinite storage of his personal data.

The Court ruled that the general and indiscriminate retention of biometric and genetic data of individuals convicted of intentional offenses until their death is against EU law. It emphasized the importance of proportionate and justified data retention, challenging practices of indefinite storage. The Court highlighted the need for national authorities to periodically assess data retention’s necessity, ensuring that ongoing retention is justified by changing circumstances. This aligns with the data subject’s right to have their data erased when storage is no longer necessary, protecting individual privacy and data rights.

The judgement is available here.