Article 9 - Processing of special categories of personal data

2 preliminary rulings

Judgment of 2 Dec 2025, C-492/23 (Russmedia Digital and Inform Media Press)

Article 5(2) and Articles 24 to 26 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)must be interpreted as meaning that the operator of an online marketplace, as controller, within the meaning of Article 4(7) of that regulation, of the personal data contained in advertisements published on its online marketplace, is required, before the publication of the advertisements and by means of appropriate technical and organisational measures,–   to identify the advertisements that contain sensitive data in terms of Article 9(1) of that regulation,–   to verify whether the user advertiser preparing to place such an advertisement is the person whose sensitive data appear in that advertisement and, if this is not the case,–   to refuse publication of that advertisement, unless that user advertiser can demonstrate that the data subject has given his or her explicit consent to the data in question being published on that online marketplace, within the meaning of Article 9(2)(a), or that one of the other exceptions provided for in Article 9(2)(b) to (j) is satisfied.

Judgment of 6 Nov 2003, C-101/01 (Bodil Lindqvist)

Reference to the fact that an individual has injured her foot and is on half-time on medical grounds constitutes personal data concerning health within the meaning of Article 8(1) of Directive 95/46.

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