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Case C-312/23), Addiko Bank: Order of the Court (Sixth Chamber) of 27 May 2024 (request for a preliminary ruling from the Upravni sud u Zagrebu – Croatia) – Addiko Bank d.d. v Agencija za zaštitu osobnih podataka (Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Protection of natural persons with regard to the processing of personal data and free movement of such data – Regulation (EU) 2016/679 – Article 15 – Right of access by the data subject to the personal data concerning him or her that are undergoing processing – Right to obtain a copy of those data – Concept of copy – Reasons for the request for access to those data – Use of the data to bring legal proceedings)
ECLI:EU:UNKNOWN:62023CB0312
62023CB0312
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Official Journal of the European Union
C series
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C/2024/4439
22.7.2024
(Case C-312/23),
Addiko Bank)
(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Protection of natural persons with regard to the processing of personal data and free movement of such data - Regulation (EU) 2016/679 - Article 15 - Right of access by the data subject to the personal data concerning him or her that are undergoing processing - Right to obtain a copy of those data - Concept of ‘copy’ - Reasons for the request for access to those data - Use of the data to bring legal proceedings)
(C/2024/4439)
Language of the case: Croatian
Referring court
Parties to the main proceedings
Applicant: Addiko Bank d.d.
Defendant: Agencija za zaštitu osobnih podataka
Operative part of the order
1.The first sentence of Article 15(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
must be interpreted as meaning that the right of the data subject to obtain a copy of the personal data concerning him or her that are undergoing processing means that that person must be given a faithful and intelligible reproduction of all those data. That right entails the right to obtain a full copy of the documents that contain, inter alia, those data, if the provision of such a copy is essential in order to enable the data subject to verify how accurate and exhaustive those data are, as well as to ensure they are intelligible.
2.Article 15(1) and (3) of Regulation 2016/679
must be interpreted as meaning that the controller is under an obligation to provide the data subject who has made the request with a copy of his or her personal data undergoing processing, even where the reason for that request is not related to those referred to in the first sentence of recital 63 of that regulation.
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Date lodged: 22 May 2023.
ELI: http://data.europa.eu/eli/C/2024/4439/oj
ISSN 1977-091X (electronic edition)
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