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Hack may lead to data controller's liability, right to compensation for non-material damages, EU court opinion says

( April 27, 2023, 10:21 GMT | Official Statement) -- MLex Summary: Unlawful access to personal data, such as via a hacking attack, may lead to the data controller being found liable for “presumed fault,” which can also give rise to a right to compensation for non-material damage, according to an opinion prepared for the EU's Court of Justice. AG Giovanni Pitruzzella clarified in his opinion that only a data subject's “actual and certain emotional damage, and not simply trouble or inconvenience” can constitute non-material damage, which may consequently give rise to a right to compensation. This case stems from a hacking attack at Bulgaria's tax agency in 2019 that affected the personal data of 6 million people, which drove local judges to ask the EU court for guidance to clarify the controller's liability and the data subject's right to compensation for non-material damages under EU privacy rules.The press release is attached. The case reference is C-340/21....

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