Court of Justice 5 September 2024, C-416/23 (Österreichische Datenschutzbehörde v F R.)

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The Advocate General's opinion addresses the interpretation of "requests" under Article 57(4) of the GDPR, concluding that they encompass "complaints" as defined in Article 77(1). It asserts that requests cannot be deemed "excessive" solely based on their frequency; the supervisory authority must demonstrate an abusive intent from the requester. Furthermore, the opinion clarifies that supervisory authorities have discretion to either charge a fee or refuse to act on manifestly unfounded or excessive requests, considering all relevant circumstances without prioritizing one option over the other.AI