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Individuals can ask to stop unlawful data processing under EU GDPR, court opinion says

( March 20, 2025, 10:15 GMT | Official Statement) -- MLex Summary: Individuals can ask data controllers to cease unlawful processing under the EU’s GDPR, according to a non-binding opinion for the EU court. Advocate General Manuel Campos Sánchez-Bordona said that even though the GDPR’s wording doesn’t explicitly clarify this, the data protection law implicitly gives individuals the right to do so. The opinion also states that compensation for non-material damage should be comprehensive and shouldn’t be influenced by the existence of prohibitory injunction, because an injunction is not a mitigating circumstance. The purpose of compensation is only compensation for the damage suffered by the data subject concerned, whereas an injunction aims to prevent a repetition. The legal dispute concerns an applicant in a job selection procedure conducted by Quirin Privatbank, which sent a message to a third party in which sensitive personal data was disclosed.The AG opinion is attached. The case reference is C-655/23. ...

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