The "Processing by Courts Acting in their Judicial Capacity" Applicability Factor

The factor "Processing by courts acting in their judicial capacity" means that data protection laws generally do not apply to personal data processing activities carried out by courts when performing their judicial functions. This exemption is designed to safeguard judicial independence and the integrity of legal proceedings.

Key points from different jurisdictions:

European Union (GDPR)

Recital 20 states:

"The competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity, in order to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-making."Key points:

• Supervisory authorities lack competence over courts' data processing in judicial capacity
• Aims to protect judicial independence
• Allows for specialized bodies within judicial system to supervise compliance
• Applies to decision-making and other judicial tasks

Switzerland (FADP)

Article 2(2)(c) states:

"It does not apply to: pending civil proceedings, criminal proceedings, international mutual assistance proceedings and proceedings under constitutional or under administrative law, with the exception of administrative proceedings of first instance;"Key points:

• Excludes various types of legal proceedings from FADP scope
• Includes civil, criminal, international assistance, constitutional, and administrative proceedings
• Exception for first-instance administrative proceedings

Egypt (DPL)

Article 3(4) states:

"The provisions of the annexed law shall not apply to the following: Personal data relating to judicial records, investigations, and lawsuits."Key points:

• Broad exemption for judicial-related personal data
• Covers judicial records, investigations, and lawsuits
• Does not specify "judicial capacity" but focuses on data types

Russia (№ 152 - FZ)

Article 1(3) states:

"The provision, distribution, transfer and receipt of information on the activity of courts in the Russian Federation that contains personal data, and the maintenance and use of information systems and information and telecommunication networks in order to create conditions for the access to this information, are conducted in accordance with Federal Law dated December 22, 2008 N 262-FZ"Key points:

• Refers to separate law for court-related personal data processing
• Covers various aspects of court information management
• Focuses on access to court information containing personal data

Thailand (PDPA)

Section 4(1)(5) states:

"This Act shall not apply to: trial and adjudication of courts and work operations of officers in legal proceedings, legal execution, and deposit of property, including work operations in accordance with the criminal justice procedure;"

Key points:

• Broad exemption for court and legal proceedings
• Covers trials, adjudications, and work of legal officers
• Includes legal execution and property deposit
• Explicitly mentions criminal justice procedures