In a case (C-307/22) that could have far-reaching implications for civil claims proceedings against companies, Nicholas Emiliou, Advocate General (AG) of the Court of Justice of the European Union (CJEU), has published his Opinion on the right of access for purposes unrelated to data protection. In the AG's view, Article 12(5) and Article 15(3) of the EU General Data Protection Regulation (GDPR) must be interpreted as requiring a data controller to provide the data subject with a copy of their personal data regardless of the purpose.
In their summary, DLA Piper writes the AG's position is unsurprising and notes that he references the updated EDPB right of access guidelines, which state: "controllers should not assess 'why' the data subject is requesting access, but only 'what' the data subject is requesting … and whether they hold personal data relating to that individual."
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