Abstract

The purpose of this article is to answer the question whether, and if so in which situations, fear of an unauthorised use of personal data may constitute a non-material damage under the provisions of the GDPR. The article is based on the latest judgement passed by the Court of Justice of the European Union in case C-300/21 and opinions of advocates general: Manuel Campos Sánchez-Bordona concerning this case and Giovanni Pitruzzelli in case C-340/21. The author presents the evolution of the notion of damage in the data protection legislation from Directive 95/46/EC to the GDPR, and briefly discusses also Polish case law on compensation under Art. 82 of the GDPR.