Österreichische Post AG v UI
A mere infringement of the GDPR does not give rise to a right to compensation, but there is no threshold of seriousness for non material damage, which must still be proved.
Facts
Österreichische Post, the Austrian postal service, collected information about the political affinities of the Austrian population, using an algorithm based on social and demographic criteria, in order to sell the data for targeted election advertising. It inferred that UI had a high affinity for a particular political party. UI had not consented to the processing, and said that he felt great upset, a loss of confidence and a feeling of exposure because of the affinity attributed to him. He claimed 1,000 euros in compensation for non material damage, and the Austrian Supreme Court referred questions to the Court of Justice.
Legal principle
The Court of Justice held that the mere infringement of the General Data Protection Regulation is not sufficient to confer a right to compensation under article 82, which requires an infringement, damage and a causal link between them. However, article 82 precludes a national rule or practice which makes compensation for non material damage subject to the condition that the damage suffered has reached a certain degree of seriousness. The data subject must nevertheless show that he has actually suffered damage. The criteria for assessing the amount of compensation are a matter for national law, subject to the principles of equivalence and effectiveness, and compensation must be full and effective for the damage suffered.
Related cases on compensation, enforcement and misuse of private information
- Bloomberg LP v ZXC [2022] UKSC 5, [2022] AC 1158
- Campbell v MGN Ltd [2004] UKHL 22, [2004] 2 AC 457
- Douglas v Hello! Ltd (No 3) [2007] UKHL 21, [2008] 1 AC 1
- Halliday v Creation Consumer Finance Ltd [2013] EWCA Civ 333
- Lloyd v Google LLC [2021] UKSC 50, [2022] AC 1217
- Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB)
- PJS v News Group Newspapers Ltd [2016] UKSC 26, [2016] AC 1081
- Richard v British Broadcasting Corporation [2018] EWHC 1837 (Ch)
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