United Kingdom | Publication | February 2024
This article first appeared in the January/February 2024 issue of PLC Magazine.
The right of access to personal data looks set to be a key focus area for data protection regulators for 2024 in both the EU and the UK. The European Data Protection Board (EDPB) announced that its 2024 co-ordinated enforcement action will look at how controllers implement the right of access to personal data. In the UK, data subject access requests (DSARs) remain a priority for the Information Commissioner’s Office.
Historically, there have been differences in how controllers in different European countries handle DSARs. However, alongside the enhanced regulatory focus in this area, recent European Court of Justice (ECJ) case law has indicated that the right of access should not always be interpreted as restrictively as it has been previously.
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On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
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