ECJ judgement / Data protection authorities must take all complaints seriously - even in the case of mass requests. The European Court of Justice (ECJ) has now ruled that authorities may only reject complaints if there is evidence of intent to abuse.
An Austrian had complained more than 70 times within two years to the data protection authority about possible violations. The authority ultimately refused to process the complaints. However, the ECJ clarifies: A high number alone is not sufficient as a reason for refusal. Only if an intention to obstruct the authority is recognisable - for example through targeted flooding - can processing be refused or a fee charged.
The judgement means more work for data protection authorities. Mass complaints represent a high workload and tie up staff resources that are not available for other tasks. Nevertheless, Martin Buchter, Head of Division at the Hessian Data Protection Commissioner, is optimistic: ‘In cases of abuse, the intention can often be proven.
Authorities had hoped to be able to ignore complaints simply because of their volume - but this remains impossible following the ECJ judgement.
source: www.tagesschau.de