European Court of Justice - Data protection rules also apply to Jehovah's Witnesses

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OPINION OF THE European Court of Justice ~

Data protection rules also apply to Jehovah's Witnesses

Can Jehovah's Witnesses take notes of their home visits without the consent of the residents? This question of privacy will soon be decided by the European Court of Justice.

Jehovah's Witnesses must comply with the privacy policies applicable in their home visits. This is the opinion of the General Counsel at the European Court of Justice (ECJ), Paolo Mengozzi, according to a report published Thursday in Luxembourg. As a result, exceptions, such as data collection for personal use only, may not apply. Interested parties could, inter alia, prohibit the storage of their data in the religious community of the Jehovah's Witnesses.

The case before the European Court of Justice is a case in Finland. During their visits, Jehovah's Witnesses take notes on the name, address and date of the visit, but also on the content of the conversations, especially on religious convictions and family relationships. The Finnish Data Protection Supervisor believes that this is subject to the European data protection law.

Central responsible for all data

The Advocate General of the CJEU agreed with the opinion. The Jehovah's Witness community of faith is also responsible for the data collected by its members, even if the notes were not centrally collected. Among other things, the relevant EU data protection directive stipulates that data may not be stored more than necessary. The affected people must also give their consent.

According to the opinion, the Community argued that "in the activity of proclamation in which a member can take notes, it is an individual religious practice". These notes are purely personal. Its preparation and any subsequent processing of the data was independent of the existence of the community. Members' records would not be sent to the community and would not have access to them.

The opinion of the Attorney General is not binding, but in many cases the judges of the ECJ abstain. A trial should fall in a few months. 

https://www.golem.de/news/eugh-gutachten-datenschutzvorschriften-gelten-auch-fuer-zeugen-jehovas-1802-132541.html