The GDPR includes a limited exemption for data processing by courts acting in their judicial capacity, in order to safeguard judicial independence.

Text of Relevant Provisions

GDPR Recital 20:

"While this Regulation applies, inter alia, to the activities of courts and other judicial authorities, Union or Member State law could specify the processing operations and processing procedures in relation to the processing of personal data by courts and other judicial authorities. 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. It should be possible to entrust supervision of such data processing operations to specific bodies within the judicial system of the Member State, which should, in particular ensure compliance with the rules of this Regulation, enhance awareness among members of the judiciary of their obligations under this Regulation and handle complaints in relation to such data processing operations."

Analysis of Provisions

The GDPR generally applies to data processing activities of courts and judicial authorities. However, Recital 20 establishes an important exemption:

1. The "competence of the supervisory authorities should not cover the processing of personal data when courts are acting in their judicial capacity". This exempts judicial proceedings and court records from oversight by regular data protection supervisory authorities.
2. The rationale is "to safeguard the independence of the judiciary in the performance of its judicial tasks, including decision-making". This recognizes the importance of maintaining judicial independence.
3. Instead, Member States may "entrust supervision of such data processing operations to specific bodies within the judicial system". This allows for alternative oversight mechanisms tailored to the judicial context.
4. These judicial oversight bodies should ensure GDPR compliance, raise awareness of GDPR obligations among judges, and handle related complaints.

Implications

This exemption has several key implications:

• Regular data protection authorities cannot investigate or enforce GDPR compliance for courts' core judicial functions.
• Courts still must comply with GDPR principles, but oversight is handled internally within the judicial system.
• The exemption only applies to data processing related to judicial functions, not administrative court activities.
• Member States have flexibility to establish judicial-specific data protection oversight bodies.
• This preserves judicial independence while still providing a mechanism for data protection in judicial proceedings.

The exemption aims to strike a balance between data protection and the constitutional principle of judicial independence. It recognizes the unique position of the judiciary while still ensuring some form of data protection oversight adapted to the judicial context.