Judgment_paragraph 89 · ND v DR (C-21/23)

89An interpretation of those provisions which would result in a distinction being made according to the type of medicinal product concerned and to whether or not the sale of those medicinal products requires a prescription would not be consistent with the objective of ensuring a high level of protection, recalled in paragraph 81 above. Such an interpretation would, moreover, run counter to the purpose of Article 8(1) of Directive 95/46 and Article 9(1) of the GDPR, namely to ensure enhanced protection as regards processing which, because of the particular sensitivity of the data processed, is liable to constitute, as follows from recital 51 of the GDPR, a particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, guaranteed by Articles 7 and 8 of the Charter (judgment of 1 August 2022, Vyriausioji tarnybinės etikos komisija, C‑184/20, EU:C:2022:601, paragraph 126 and the case-law cited).

ND v DR (C-21/23)

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