Legal Updates

The right for compensation for data collection in the EU is not dependent on proof of immaterial breach

April 15, 2023
Print

The Austrian postal services collected information on Austrian citizens and their political affiliation without updating the post users.
The Court held that there is a need to compensate for the collection of the information. One may not collect information on EU citizens living outside the EU or EU domiciles without a set GDPR framework. Be that as it may, the right to compensation is not automatic. Compensation does not need actual damage from the collection of information and the mere breach of the right to privacy gives right to compensation. Here, collection of political affiliation data does not necessarily cause direct damage but the mere collection of data, which is sensitive private data, gives rise to a right to be compensated.