The Advocate General (AG) of the Court of Justice of the European Union (CJEU), Sánchez-Bordona, has issued an Opinion saying that an infringement of the law itself is insufficient to give rise to a claim for compensation under Article 82 of the EU General Data Protection Regulation (GDPR). Noyb has published the background to the Opinion, which relates to a case involving an Austrian postal service that illegally collected personal data to calculate political persuasions of millions of Austrian citizens. The plaintiff objected and commenced proceedings seeking compensation of €1,000 as non-material damage under Article 82, arguing that this processing had upset, angered and offended him by this wrongful political attribution. Noyb writes that they are concerned the CJEU might have severely limited enforcement of EU citizen's privacy rights. In a statement, Max Schrems said, “We have a massive enforcement gap in the GDPR. At the same time, it seems like the opinion entertains any argument to shield the industry from enforcement. This is a very problematic approach coming from the Court of Justice.”
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