CJEU case C‑590/22 PS (Incorrect address) – CJEU Judgment (European Union, 2024)
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A consultancy firm (‘controller’) was informed by its clients (‘data subjects’) that their postal address have changed. In July 2020, the data subjects asked the controller to draw up their tax return from the previous year. Having received no reply, they contacted the controller who informed them that the tax return had been sent to them by post in September 2020. The new occupants of the former address of the data subjects informed them that they received an envelope with the names of the data subjects and that they had opened it by mistake. When they realized that these documents were not addressed to them, they placed the documents back in the envelope and handed it to close relatives of the data subjects so that they could collect it. When the data subjects collected the envelope, they found that it contained only a copy of the tax return and a cover letter. They assumed that the envelope also contained the original version of that tax return which included personal data including their names, dates of birth of the data subjects' and their children, tax identification numbers, bank details, information relating to their membership of a religious community, disabled status of a member of their family, professions and workplaces. The data subjects brought an action before Amtsgericht Wesel (Local Court, Wesel, Germany) seeking for compensation for the non-material damage under Article 82(1) GDPR, which they believe they have suffered as a result of the disclosure of their personal data to third parties. They assessed the damages at €15,000. The local court stayed the proceedings and referred the following questions to the CJEU: # To claim compensation under Article 82(1) GDPR, is it necessary to establish that a further adverse effect on the data subject has occurred, beyond the infringement of the GDPR as such? # Does the claim for compensation for non-material damages under Article 82(1) GDPR require the damage to reach a certain magnitude? # Is it sufficien
GDPR Articles Cited
A consultancy firm (‘controller’) was informed by its clients (‘data subjects’) that their postal address have changed. In July 2020, the data subjects asked the controller to draw up their tax return from the previous year. Having received no reply, they contacted the controller who informed them that the tax return had been sent to them by post in September 2020. The new occupants of the former address of the data subjects informed them that they received an envelope with the names of the data subjects and that they had opened it by mistake. When they realized that these documents were not addressed to them, they placed the documents back in the envelope and handed it to close relatives of the data subjects so that they could collect it. When the data subjects collected the envelope, they found that it contained only a copy of the tax return and a cover letter. They assumed that the envelope also contained the original version of that tax return which included personal data including their names, dates of birth of the data subjects' and their children, tax identification numbers, bank details, information relating to their membership of a religious community, disabled status of a member of their family, professions and workplaces. The data subjects brought an action before Amtsgericht Wesel (Local Court, Wesel, Germany) seeking for compensation for the non-material damage under Article 82(1) GDPR, which they believe they have suffered as a result of the disclosure of their personal data to third parties. They assessed the damages at €15,000. The local court stayed the proceedings and referred the following questions to the CJEU: # To claim compensation under Article 82(1) GDPR, is it necessary to establish that a further adverse effect on the data subject has occurred, beyond the infringement of the GDPR as such? # Does the claim for compensation for non-material damages under Article 82(1) GDPR require the damage to reach a certain magnitude? # Is it sufficien
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
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Cite as: Cookie Fines. CJEU case C‑590/22 PS (Incorrect address) - European Union (2024). Retrieved from cookiefines.eu
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