29.9.2012   

EN

Official Journal of the European Union

C 295/21

Reference for a preliminary ruling from the Tribunal do Trabalho de Viseu (Portugal) lodged on 18 July 2012 — Worten — Equipamentos para o Lar, S.A. v ACT — Autoridade para as Condições de Trabalho

(Case C-342/12)

2012/C 295/37

Language of the case: Portuguese

Referring court

Tribunal do Trabalho de Viseu

Parties to the main proceedings

Applicant: Worten — Equipamentos para o Lar, S.A.

Defendant: ACT — Autoridade para as Condições de Trabalho

Questions referred

1.

Is Article 2 of Directive 95/46/EC (1) to be interpreted as meaning that the record of working time, that is, the indication, in relation to each worker, of the times when working hours begin and end, as well as breaks and intervals not included in that period, is included within the concept of personal data?

2.

If so, is the Portuguese State obliged, under Article 17(1) of Directive 95/46/EC, to provide for appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network?

3.

Likewise, if Question 2 is answered in the affirmative, when the Member State does not adopt any measure pursuant to Article 17(1) of Directive 95/46/EC and when the employer, responsible for processing that data, adopts a system of restricted access to that data which does not allow automatic access by the national authority responsible for inspecting working conditions, is the principle of the primacy of European law to be interpreted as meaning that the Member State cannot penalise that employer for such behaviour?

(1)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).