Volume 2023 : 1
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Case Airhelp Ltd v. Scandinavian Airlines System (SAS) Denmark–Norway–Sweden (C-28/20): Reasserting its consumer credentials: The European Union’s Court of Justice declares trade union-led strikes to fall outside the scope of the defence of “extraordinary circumstances”
The national rules on hidden defects and European consumer law: marriage or divorce?
Consumer participation under Better Regulation Agenda: the case of Consumer Credit Directive
Is all gold that glitters? The EU Commission Proposal on empowering consumers for the green transition
Circular supply chains – where the need for coordination meets competition law?
The sword in the stone: the potential of data subject rights of the General Data Protection Regulation
A new Consumer Rights Act for Ireland – Comprehensive reform and a closer alignment with European Consumer Law principles
How to protect information about our mental states? A few remarks on processing of mental data under the GDPR
EU consumer information as a tool to regulate the treatment of farm animals: potential and limits
Environmental sustainability and consumer relations between administrative and judicial remedies
Food and nutrition education in school as a means for raising awareness among young food consumers: a brief legal overview
EU consumer law meets digital twins
Year
2023
Volume
2023
Number
1
Page
87
Language
English
Court
Reference
L. DRECHSLER, “The sword in the stone: the potential of data subject rights of the General Data Protection Regulation”, REDC 2023, nr. 1, 87-104
Recapitulation
The General Data Protection Regulation (GDPR) aimed at strengthening the “data subject rights” individuals have towards their own personal data with the objective to achieve control and empowerment for individuals. Four years after the GDPR became applicable, such empowerment seems to be not fully realized, leading some authors to conclude that these data subject rights were not capable of achieving empowerment in the first place. In this paper, I assess different obstacles that have impeded the empowering potential of data subject rights and contrast them with the normative role these rights are supposed to play according to the legal structure of the GDPR. While these obstacles have to be overcome for data subject rights to reach their empowerment objective, an analysis of case law of the Court of Justice of the EU confirms their strong function in that regard. With its Meta Platforms Ireland decision, the Court has opened a pathway to overcome some of the issues impeding data subject rights when it comes to enforcement. I conclude that data subject rights are capable of empowering individuals, but this requires tackling the issues currently imprisoning them in a metaphorical stone.
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