Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas (Lithuania) lodged on 28 April 2020 — OT v Vyriausioji tarnybinės etikos komisija

(Case C-184/20)

Language of the case: Lithuanian

Referring court

Vilniaus apygardos administracinis teismas

Parties to the main proceedings

Applicant: OT

Defendant: Vyriausioji tarnybinės etikos komisija

Questions referred

Must the condition laid down in Article 6(1)(e) of the Regulation ¹ that processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, with regard to the requirements laid down in Article 6(3) of the Regulation, including the requirement that the Member-State law must meet an objective of public interest and be proportionate to the legitimate aim pursued, and also with regard to Articles 7 and 8 of the Charter, ² be interpreted as meaning that national law may not require the disclosure of declarations of private interest and their publication on the website of the controller, the Vyriausioji tarnybinės etikos komisija (Chief Official Ethics Commission), thereby providing access to those data to all individuals who have access to the Internet?

Must the prohibition of the processing of special categories of personal data established in Article 9(1) of the Regulation, regard being had to the conditions established in Article 9(2) of the Regulation, including the condition established in point (g) thereof that processing must be necessary for reasons of substantial public interest, on the basis of EU or Member-State law which must be proportionate to the aim pursued, must respect the essence of the right to data protection and must provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject, be interpreted, also with regard to Articles 7 and 8 of the Charter, as meaning that national law may not require the disclosure of data relating to declarations of private interests which may disclose personal data, including data which make it possible to determine a person’s political views, trade-union membership, sexual orientation and other personal information, and their publication on the website of the controller, the Vyriausioji tarnybinės etikos komisija, providing access to those data to all individuals who have access to the Internet?

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¹ Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).

² Charter of Fundamental Rights of the European Union (OJ 2012 C 326, p. 391).