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Whether GDPR Article 82(1) grants compensation for damages resulting from a violation of the right of access under GDPR Article 15(1).

Yes, GDPR Article 82(1) grants compensation for damages resulting from a violation of the right of access under GDPR Article 15(1). The court interprets Article 82(1) broadly, stating that compensation is not limited to damages resulting from processing activities but also covers violations of rights under Chapter III, including the right of access. The sys...

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Does the GDPR require a prior violation of data protection rules for a data subject to exercise their right of access under Article 15 GDPR?

No, the GDPR does not require a prior violation of data protection rules for a data subject to exercise their right of access under Article 15 GDPR. The Opinion clarifies that the right of access under Article 15 GDPR is an independent right that does not depend on the existence of a prior violation of data protection rules. The purpose of the right of acce...

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Whether Article 85(1) GDPR prevents Member States from enacting laws that go beyond Article 85(2) GDPR by introducing deviations from certain chapters of the GDPR for processing of personal data serving purposes other than journalistic, scientific, artistic or literary, on the ground that such laws are necessary to reconcile the right to data protection with the right to freedom of expression and information.

Yes, Article 85(1) GDPR prevents Member States from enacting such laws. The Court held that Article 85(1) establishes a general obligation for Member States to reconcile data protection with freedom of expression through national legislation, but Article 85(2) provides the only express authorization for Member States to deviate from specific chapters of the...

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The analysis concerns the interpretation of GDPR provisions on the status of 'controller', the right to information, and liability for damages in a case involving data processing by a natural person.

The document analyzes key GDPR concepts including the definition of 'processing', the role of the 'controller', the rights of data subjects under Article 15 (including the right to information and the right to receive a copy), and liability provisions under Article 82. It discusses whether a natural person can be considered a controller, the scope of data su...

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a) If the GDPR applies: Are the provisions of Art. 82(1), (2) first sentence GDPR to be understood as granting a data subject a claim for compensation for non-material damage caused by a delayed or incomplete provision of information under Art. 15 GDPR? b) If the Law Enforcement Directive applies: Is Art. 56 Law Enforcement Directive to be understood as requiring Member States to provide for a right to compensation for non-material damage caused by a delayed or incomplete provision of information under national provisions implementing Art. 14 Law Enforcement Directive?

The BGH explains that the information requested by the plaintiff falls within the scope of both Art. 15 GDPR and Art. 14 Law Enforcement Directive (as implemented in national law). The court notes that the response was delayed by nine months and remained incomplete. The BGH identifies a dispute about whether a violation of the right to information constitute...

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