Status Not cited by any decision here yet
Judgment
Full text
In the third place, the Court has previously held that the fear experienced by a data subject that his or her personal data will be misused in the future as a result of an infringement of the GDPR, is capable, in itself, of constituting ‘non-material damage’, within the meaning of Article 82(1) thereof, provided that that fear, with its negative consequences, is duly proven, which is a matter for the national court hearing the case to determine (see, to that effect, judgments of 20 June 2024, PS (Incorrect address), C‑590/22, EU:C:2024:536, paragraphs 32, 35 and 36, and of 4 October 2024, Agentsia po vpisvaniyata, C‑200/23, EU:C:2024:827, paragraphs 143, 144 and 155 and the case-law cited).