The Court of Justice of the European Union (CJEU) issued a ruling in Case C‑60/22 concerning whether a controller's failure to determine joint responsibility and maintain compliant records of processing activities (RoPA) under Articles 26 and 30 of the EU General Data Protection Regulation (GDPR) would entitle a data subject to have personal data about them erased on the grounds of unlawful processing. In its judgement, the CJEU determined that a controller's failures are not in themselves sufficient to constitute 'unlawful processing', providing that such failures do not involve a breach of the accountability principle under Article 5(2) of the GDPR.
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