c) data minimisation
2 pending referralsReferral C-484/24 (NTH Haustechnik, 10 Jul 2024) 
Referral C-474/24 (NADA Austria and Others, 4 Jul 2024)
2 preliminary rulings
Judgment of 9 Jan 2025, C-394/23 (Mousse)
Points (b) and (f) of the first subparagraph of Article 6(1) of 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), read in conjunction with Article 5(1)(c) of that regulation, must be interpreted as meaning that – the processing of personal data relating to the title of the customers of a transport undertaking, the purpose of which is to personalise the commercial communication based on their gender identity, does not appear to be either objectively indispensable or essential to enable the proper performance of a contract and, therefore, cannot be regarded as necessary for the performance of that contract; – the processing of personal data relating to the title of the customers of a transport undertaking, the purpose of which is to personalise the commercial communication based on their gender identity, cannot be regarded as necessary for the purposes of the legitimate interests pursued by the controller or by a third party, where: – those customers were not informed of the legitimate interest pursued when those data were collected; or – that processing is not carried out only in so far as is strictly necessary for the attainment of that legitimate interest; or – in the light of all the relevant circumstances, the fundamental freedoms and rights of those customers can prevail over that legitimate interest, in particular because of a risk of discrimination on grounds of gender identity.
Judgment of 20 May 2003, C-465/00 (Rechnungshof)
Articles 6(1)(c) and 7(c) and (e) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data do not preclude national legislation such as that at issue in the main proceedings, provided that it is shown that the wide disclosure not merely of the amounts of the annual income above a certain threshold of persons employed by the bodies subject to control by the Rechnungshof but also of the names of the recipients of that income is necessary for and appropriate to the objective of proper management of public funds pursued by the legislature, that being for the national courts to ascertain.
Articles 6(1)(c) and 7(c) and (e) of Directive 95/46 are directly applicable, in that they may be relied on by an individual before the national courts to oust the application of rules of national law which are contrary to those provisions.
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