Texts to 22 Oct 2026

Amendment 1079· GDPR Article 12(5)

Alternative

Tabled by
Julie Rechagneux and 7 others (ECR, PfE)Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
Committee and document
ITRE–LIBE·amendments 1053–1260 to the draft report (CJ72-AM-791073, PE791.073v01-00)·27 July 2026
Source
Official text, p. 27·printed header: Article 3 – paragraph 1 – point 4 / Regulation (EU) 2016/679 / Article 12 – paragraph 5
Targets
Article 12(5) of the General Data Protection Regulation (GDPR)

Text of the amendment

As tabled

Wordingagainst the Commission’s

Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the means at their disposal to enforce the rights conferred by this regulation for purposes otherunrelated thanto the protection of their data, the controller may either:refuse to act on the request, and inform the data subject of the reasons thereof.

Struck CommissionHighlighted amendment

GDPR Article 12 with this amendment

Amendment 1079 applied to the Commission proposal, no other amendment

Unchanged: (1), (2), (3) and (4)
1.

The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

2.

The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

3.

The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

4.

If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

5.

Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the means at their disposal to enforce the rights conferred by this regulation for purposes otherunrelated thanto the protection of their data, the controller may either:refuse to act on the request, and inform the data subject of the reasons thereof. (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or

Amended
(a)

charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or

Deleted
Unchanged: 5 paragraphs
(b)

refuse to act on the request.

The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.

6.

Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

7.

The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable.

8.

The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.

Struck removed Highlighted added Full text on the GDPR Article 12 page

Target

Wording of the targeted provisionlaw in force, Commission proposal, latest Council text

Law in forceGDPR, Article 12(5)

Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:

(a)charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or

(b)refuse to act on the request.

Commission proposalCOM(2025) 837

5. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or also, for requests under Article 15 because the data subject abuses the rights conferred by this regulation for purposes other than the protection of their data, the controller may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or (b) refuse to act on the request. The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that it is excessive.

Council text of 22 October 2026ST 14756/26

5.Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character or, for a request under Article 15, where an abusive intention on the part of the data subject submitting those requests can be demonstrated, the controller may either:

(a)charge a reasonable fee proportionate to the administrative costs of providing the information or communication or taking the action requested; or

(b)refuse to act on the request and inform the data subject of the reasons thereof.

The controller shall bear the burden of demonstrating that the request is manifestly unfounded or that there are reasonable grounds to believe that, in the light of all the relevant circumstances of the case, that the request is excessive or that there is an abusive intention on the part of the data subject.

Cite this amendment

Amendment 1079 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), p. 27

Link, short form and official text
Reference

Amendment 1079 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 1053–1260 to the draft report on COM(2025) 837 (CJ72-AM-791073, PE791.073v01-00, 27 July 2026), p. 27

Short form

ITRE–LIBE Amendment 1079 (CJ72-AM-791073), p. 27

Entry in the source list