CJEU Rules on Abuse of GDPR Access Rights and Compensation Claims
The Court of Justice has delivered its judgment in the case Brillen Rottler GmbH & Co. KG v TC (C-526/24), addressing the abuse of GDPR access rights and claims for compensation related to personal data violations. The case originated from a dispute between Brillen Rottler, a German optical service provider, and TC, an individual from Austria. TC subscribed to Brillen Rottler’s newsletter and later requested access to his personal data under Article 15 of the GDPR. Brillen Rottler refused the request, considering it an abuse of rights, as TC reportedly makes similar requests to other companies systematically.
The key legal question was whether a data subject’s request for access to personal data can be considered abusive if it is excessive or made in bad faith, especially when it is the first such request submitted to the controller. The Court clarified that a request can be refused as abusive if it is made solely to create grounds for compensation claims under the GDPR, rather than to verify the lawfulness of data processing. The Court emphasized that controllers must demonstrate that the request was made with the intention of artificially triggering compensation claims.
The Court further noted that evidence such as publicly available information showing a pattern of numerous access requests followed by compensation claims can be used to prove abusive intent. While the GDPR grants individuals the right to compensation for material or non-material damage caused by data protection violations, claimants must prove that actual damage has occurred. Moreover, compensation is not due if the claimant’s own actions are the primary cause of the damage.
In summary, the Court ruled that controllers may refuse GDPR access requests if they are clearly abusive and aimed solely at generating compensation claims. This judgment provides clarity on the limits of data subject rights under the GDPR and helps protect controllers from misuse of access requests for financial gain.
