- with readers working within the Utilities industries
- within Antitrust/Competition Law, Government, Public Sector and Real Estate and Construction topic(s)
In its recent judgment (Rs. C‑526/24), the European Court of Justice (ECJ) shed some light on data subject access rights and potential damages connected thereto:
The ECJ held that a first data subject access request can be “excessive” under the GDPR (the amount of requests is not necessarily the main indicator for excessiveness).
A request can be “excessive” if it was not made for a data protection-related purpose, but rather with an abusive intent.
The ECJ further held that Art. 82(1) GDPR provides data subjects a right to compensation for damages resulting from a breach of their right to access.
Finally, the ECJ held that Art. 82(1) GDPR also encompasses non-material damages due to the loss of control over personal data or uncertainty as to whether such data have been processed. However, the data subject needs to show that he/she has actually suffered damages and that their own conduct was not the decisive cause thereof.
For further details, please refer to our newsletter linked below (in German).
Newsletter_Exzessives Auskunftsbegehren.pdf
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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