Amendment 243· GDPR Article 12(5)
−Deletion
Text of the amendment
As tabled
Wording it would delete
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.
Struck CommissionHighlighted amendment
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 243 (Arash Saeidi), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 140
Link, short form and official text
Amendment 243 (Arash Saeidi), European Parliament, Committee on Legal Affairs, amendments 69–296 to the draft opinion on COM(2025) 837 (JURI-AM-790236, PE790.236v01-00, 29 June 2026), p. 140
JURI Amendment 243 (JURI-AM-790236), p. 140