The Court of Justice delivered its judgment in case Ministerstvo na vatreshnite raboti (Enregistrement de données biométriques and génétiques II) (C-80/23) concerning the application of Directive (EU) 2016/680. The issue was raised as to wehther the Directive, pertaining to the protection of personal data for the purposes of crime prevention, allowed Bulgarian authorities to forcibly collect biometric and genetic data from a person under investigation. In particular, the question was raised in relation to the requirement of “absolute necessity” for processing snestive personal data under Article 10. The Court found that the collection of biometric and genetic data without demonstration of absolute necessity is a violation of Article 10 of Directive (EU) 2016/280.
