Court of Justice (Third Chamber) 30 May 2013, C‑342/12 (Worten — Equipamentos para o Lar SA v Autoridade para as Condições de Trabalho (ACT).)

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The Court of Justice (Third Chamber) held that a record of working time indicating, for each worker, the start and end times of working hours and corresponding breaks constitutes 'personal data' within the meaning of Article 2(a) of Directive 95/46/EC. The Court further held that Articles 6(1)(b) and (c) and 7(c) and (e) of Directive 95/46 do not preclude national legislation requiring an employer to make such a record immediately available to the national authority responsible for monitoring working conditions, provided that obligation is necessary for the performance of that authority's monitoring task. The Court also clarified that Article 17(1) of Directive 95/46 imposes the obligation to implement appropriate technical and organisational security measures on the controller (i.e., the employer), not on Member States, and that the obligation of immediate access does not in itself require disclosure of personal data to unauthorised persons.AI