- Enforcing jurisdiction
- Belgium · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 88/2025 – Dismissed (Belgium, 2025)
Privacy enforcement record
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A Belgian company that offers screen capture software dismissed a user's request for screenshots, claiming it was a premium feature. The data protection authority dismissed the user's complaint, stating it was an abuse of rights. This ruling shows that not all requests for data access will be upheld if they are deemed unreasonable.
What happened
A user of a free screen capture software requested access to their screenshots, which the company refused.
Who was affected
The user of the free version of the screen capture software.
What the authority found
The authority dismissed the complaint, stating that the user's request was an abuse of rights under GDPR.
Why this matters
This case illustrates that companies can refuse unreasonable data access requests. Website operators should be clear about what data users can access based on their subscription plans.
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Linked-source text retrieved.
Automated check recorded — 18 October 2026.
Processing notes: national law identified.
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A company (the controller) offered a screen capture software. The controller offered both a free plan and a paid plan with additional features. In particular, free users could only view their screenshots via the controller’s website while paying users could download them. The data subject was a user of the free version. They requested a copy of their screenshots from the controller. The controller refused on grounds that downloading screenshots was a premium feature reserved for paying users. The data subject then filed a complaint, claiming that the controller violated his right of access and his right to data portability. The DPA did not examine the complaint on the meritsBelgian law (Art. 95, § 1 LCA) allows the DPA to dismiss certain on complaints over reasons of opportunity, without dealing with the merits of the case.. Rather, it dismissed it on grounds that the data subject's request constituted an abuse of rights under the GDPR. In this regard, the DPA followed CJEU case lawSee: CJEU, Joint Cases C-115/16 and C-118/16, C-119/16 and C-299/16, N Luxembourg1 and Others, 26 February 2019, magin number 139 (available [https://curia.europa.eu/juris/document/document.jsf?text=&docid=211053&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=3691155 here]); CJEU, C-416/23, Österreichische Datenschutzbehörde, 9 January 2025, margin number 50 (available [https://curia.europa.eu/juris/document/document.jsf?text=&docid=294111&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=3690210 here]). and held that the request fulfilled both the subjective and objective elements of an abuse of rights.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 88/2025 in BE
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 88/2025 - Belgium (2025). Retrieved from cookiefines.eu
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