The Court of Justice of the European Union ('CJEU') issued, on 30 March 2023, a press release announcing its preliminary ruling, issued on the same date, in case C-34/21 Principal Staff Committee for Teachers at the Hessian Ministry of Education v Hessian Ministry of Education, following a request lodged by the Administrative Court of Wiesbaden ('the Administrative Court'). In particular, the CJEU explained that, by two measures adopted in 2020, the Ministry had established the framework for school education during the COVID-19 pandemic, which included the possibility for pupils to attend classes live by videoconference, on condition that the pupils, or their parents, provided their consent. However, the CJEU highlighted that the framework in question did not include provisions requiring the consent of the teachers present in the classes live streaming.

In addition, the CJEU specified that, in the course of the hearing before the Administrative Court, the defendant had contended that the processing of personal data inherent in the live streaming of classes by videoconference was covered by national legislation, so that it could be conducted without the consent of the teachers concerned being sought. Moreover, the CJEU noted that the Administrative Court had taken the view that the national legislation, on the basis of which the teachers' personal data was processed, fell within the category of 'more specific rules', which Member States may lay down pursuant to Article 88(1) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). However, the CJEU continued that the Administrative Court made a reference for a preliminary ruling before the CJEU in relation to whether the national legislation in question was compatible with the conditions laid down in Article 88(2) of the GDPR.

Further to the above, the CJEU held that national legislation cannot constitute a 'more specific rule', within the meaning of Article 88(1) of the GDPR, where it does not satisfy the conditions laid down in Article 88(2) of the GDPR. As such, the CJEU maintained that the processing of teachers' personal data during the live streaming by videoconference falls within the material scope of the GDPR. Moreover, the CJEU held that the application of national provisions that ensure the protection of the rights and freedoms of employees, with regard to the processing of their personal data, must be set aside when the same do not comply with the conditions and limits laid down in Articles 88(1) and 88(2) of the GDPR, unless said national provisions constitute a legal basis under Article 6(3) of the GDPR.

You can read the press release here and the preliminary ruling, only available in French and German, here.