A request for a preliminary ruling has been submitted by Austria’s Oberster Gerichtshof in the case RS v TS (C-185/25), raising important questions about the interpretation of the GDPR. The case involves a school head teacher who made negative remarks in an email about a candidate for a training program; the candidate is now seeking access to his personal data and €800 in non-material damages. The teacher argues he acted in his official capacity and should not be personally liable. The Austrian court seeks clarification from the Court of Justice on whether individuals acting on behalf of an institution can be considered “controllers” under Article 4(7) of the GDPR. It also asks how broadly “origin of the data” should be interpreted under Article 15(1)(g), and whether non-stored names of conversation participants must be disclosed. Finally, it questions whether violations of information rights under Article 15(1) can trigger compensation under Article 82, and whether EU law overrides national laws shielding state agents from personal liability.

Read the official publication here.