ECJ: Right of access also applies to supervisory authorities

13. November 2026 Laura DSGVO Auskunftsrecht EuGH Datenschutz

The European Court of Justice (ECJ) has ruled that the right of access under the GDPR also applies to supervisory authorities. This means that data subjects have the right to know from the authorities what personal data is stored or processed about them. The decision underlines that the rights of those affected must also be respected in communication with government agencies. The GDPR stipulates that the processing of personal data is only permitted with express consent or on a legal basis. Regulators therefore have a duty to communicate transparently and to take the rights of those concerned seriously.

The decision has far-reaching consequences for companies and organizations. They must ensure that they properly respond to all enquiries from the supervisory authorities and involve the stakeholders when necessary. This requires clear documentation and structured communication. Companies must also check whether they have already taken all necessary measures to comply with the GDPR in order to avoid possible legal violations.

## What does this mean for your company? Your company must now be aware that it is not only obliged to customers, but also to state authorities to protect the rights of those affected. This means that when requests are made by the visiting authorities, you must not only provide the data, but also inform the data subjects about the processing. It is important that you make your data processing transparent and, if necessary, involve the affected parties in the process.

## How ISN/xynap supports this The Infrastructure and AI modules in xynap provide GDPR compliant infrastructure and AI-enabled solutions that support personal data protection. These modules help to meet the requirements of the GDPR and make the processing of data transparent.

Sources (4)

  1. www.dr-datenschutz.de
  2. t3n.de
  3. the-decoder.de
  4. www.heise.de