GDPR does not bar courts from processing disputed evidence
The opinion stresses courts must weigh fairness, necessity, and privacy before using such data.
The Advocate General of the EU’s top court advised that judges may process personal data as evidence even if obtained unlawfully. The opinion in NTH Haustechnik clarifies that courts can rely on public interest under Article 6(1)(e) GDPR when assessing such data.
The case arose from a German labour dispute where an employer accessed a former worker’s eBay account to prove alleged misconduct. The national court asked the CJEU whether evidence gathered unlawfully could still be lawfully processed in judicial proceedings.
The Advocate General stated that GDPR principles, including storage limitation and lawfulness, apply equally to courts. Yet no absolute ban prevents judges from handling unlawfully obtained data if national law provides safeguards consistent with the EU rights.
EU law leaves rules on evidence admissibility to member states, provided fairness, proportionality, and necessity are respected. The opinion emphasises that courts must balance privacy rights with their duty to determine the truth.
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