20/02/2023
Anouk Focquet, Sofie Deprez and Julie Mannekens published a commentary on a landmark judgment by the Market Court rendered on 1 December 2021 concerning abuse of rights in data protection.
The Market Court ruled in this case that there was (legal) abuse of the right to file a complaint before the Belgian Data Protection Authority as the right was used for a purpose other than that for which it is provided in the GDPR. While the Judgment seems (for the time being) unique in Belgium, there is already quite some case law in other Member States on this type of practices.
The commentary analyses the application of the concept of abuse of rights in relation to the right of access. It does so based on the Market Court judgment and several judgments rendered in other jurisdictions.
Interested? The commentary will soon be published. If you do not have access to this Law Review but are interested in reading the article, feel free to send us an e-mail at info@faros.eu.