Jurisdiction(s):
Ireland

CJEU on EU GDPR Article 57(4): no numerical threshold; ‘manifestly excessive’ requires abusive intent; implications for controllers assessing Articles 12(5)/15 requests

Published on: 24 February 2025

Published by a LexisNexis Ireland - Commercial expert

Legal News

Article summary

A recent judgment of the Court of Justice of the European Union (CJEU) (Case C-416/23 Österreichische Datenschutzbehörde v FR) clarifies the bar for when submissions to a data protection supervisory authority qualify as manifestly excessive, a ruling also relevant to controllers assessing the scope of their obligations regarding data subject right requests.

Background

In April 2020, Austria’s supervisory authority (the DSB) declined to proceed with a complaint from the data subject (FR), deeming it excessive. Over a 20‑month period, FR had filed 77 similar complaints against different controllers and had frequently called the DSB to make additional requests.

Under Article 57(1)(e) GDPR, supervisory authorities must provide data subjects, on request, with information about their rights under the GDPR. Article 57(1)(f) requires those authorities to handle complaints submitted to them. Article 57(4) GDPR creates an exemption: where requests are manifestly unfounded or excessive, particularly because of their repetitive nature, the supervisory authority may charge a reasonable fee based on administrative costs or decline to act on...

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