Recital 55*

Commission Proposal

55. While this Directive applies also to the activities of national courts, the competence of the supervisory authorities should not cover the processing of personal data when they are acting in their judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks. However, this exemption should be limited to genuine judicial activities in court cases and not apply to other activities where judges might be involved in accordance with national law.

EDRi’s proposed amendment

55. While this Directive applies also to the activities of national courts, the competence of the supervisory authorities should not cover the processing of personal data when they are acting in their judicial capacity, in order to safeguard the independence of judges in the performance of their judicial tasks. However, this exemption should be limited to genuine judicial activities in court cases and not apply to other activities where judges might be involved in accordance with national law. Notably, this exemption should not cover activities of the registry of the court, the publication of reports on proceedings and the publication of judicial decisions.

Justification

While it is justified to exclude judicial activities -in a strict sense- from supervision by DPAs, this exemption must not be applied too widely. For this reason, several activities which should not be covered by this exemption are listed here, as suggested by the EDPS in his opinion (pt. 426).

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