Court of Justice of the EU

On March 14, 2024, the Court of Justice of the EU (“CJEU”) ruled that EU supervisory authorities have the (corrective) power to order data controllers who have been found to process personal data unlawfully to erase such personal data, even if the data subjects have not requested the erasure.  (Case C‑46/23)Continue Reading The CJEU Ruled that Supervisory Authorities Can Order the Deletion of Unlawfully Processed Personal Data

On May 4, 2023, the Court of Justice of the European Union (‘CJEU’) decided, in case C-487/21, that the right to obtain a ‘copy’ of personal data means that the data subject must be provided with a faithful and intelligible reproduction of all personal data.  This can also include documents or extracts from databases containing personal data, where it would be necessary to ensure that the personal data is intelligible, as per Article 15(3) GDPR.Continue Reading CJEU Clarifies the Right to Obtain a Copy of Personal Data under the GDPR

On January 12, 2023, the Court of Justice of the EU (“Court”) decided that the GDPR’s right of access gives a data subject the choice between asking a controller for (i) the identity of each data recipient to whom the controller will or has disclosed the data subject’s personal data or (ii) only the categories of data recipients.  The controller must comply with the data subject’s request, unless it is impossible to identify those recipients (e.g., because they are not yet known) or the controller demonstrates that the data subject’s access request is “manifestly unfounded or excessive.”Continue Reading Court of Justice of the EU Decides that GDPR Right of Access Allows Data Subjects to Request the Identity of Each Data Recipient