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Alarming: Court of Justice may severely limit enforcement of European’s privacy rights

noyb - European Center for Digital Rights

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Hardly noticed by the general public, the Advocate General (AG) of the Court of Justice of the European Union (CJEU) has issued an opinion, aiming to limit one of the last potential avenues for users to enforce their privacy rights under the GDPR. According to the AG, Europeans would hardly get compensations for GDPR violations – although the GDPR explicitly foresees a claim for non-material damages. The final judgment will be issued by the CJEU in the next months. AG Opinion in C-300/21 Austrian reference to the CJEU on non-material damages (in German) Austrian final judgment on the other claims in this case (in German) Further Resources: Detailed analysis of the AG Opinion by Max Schrems "Grump GDPR" Podcast with Max Schrems on this Opinion (on transistor.fm) Background of the case. The Austrian Postal Service illegally calculated the political leaning of millions of Austrians, in violation of the GDPR. A Viennese plaintiff that was wrongfully associated with the right-wing populist