European Union: Advocate General issued opinion in case concerning access rights and limits on damage claims under General Data Protection Regulation

On 18 September 2025, the Advocate General issued an opinion addressing the scope of the General Data Protection Regulation (GDPR)'s rights on data access and compensation. Germany's Arnsberg District Court submitted the request on GDPR interpretation, specifically on data subjects’ rights to access information and claim damages, and whether Article 12(5) of GDPR allows limiting extensive or damage-motivated requests. The opinion highlighted that EU law protects data subjects but prevents abuse. An initial access request is “excessive” only in exceptional cases where the data subject acts with abusive intent, including processing consent aimed solely at claiming damages. It was also highlighted that evidence of multiple claims alone does not prove abuse. Under Article 82 of GDPR, damages are compensable even for non-material harm, including loss of control over personal data.