Source: European Parliament
Publishing online photos and names of members of the audience attending a court hearing and sharing any lists of such attendees constitutes processing of personal data, which must fulfil the requirements of the General Data Protection Regulation (GDPR)[1], including the need for a valid legal basis for the processing, such as the data subject’s informed and freely given consent .
The monitoring and enforcement of the application of the GDPR in the Member States falls in the competence of national authorities, in particular data protection authorities and courts .
Without prejudice to its role as guardian of the Treaties, the Commission is not in a position to investigate individual cases of alleged violations of the GDPR or national data protection provisions implementing it.
The Commission promotes and protects fundamental rights by ensuring that legislative, policy and administrative measures falling under EU competence comply with the EU Charter of Fundamental Rights.
However, the Commission has no general powers to intervene with the Member States in the area of fundamental rights. It can only do so if an issue of EU law is involved.
Moreover, issues related to publicity and security during trials such as the one at hand are not regulated under EU law, and are therefore left to the discretion of the Member States.
It is for Member States to ensure that fundamental rights are effectively respected and protected in accordance with their national legislation and international human rights obligations, such as those stemming from the European Convention on Human Rights.
The isolated incident referred to in the question is not directly related to judicial independence.
- [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 L 119, 4.5.2016, p. 1-88.