Lo statuto europeo della responsabilità per illecito trattamento dei dati, la questione del danno e il problema dell’appropriazione della ricchezza informazionale

Compensation of harm and restitution of the enrichment unjustly earned through the acquisition of personal information are two distinct problems raised by unlawful data processing. Some recent decisions of the European Court of Justice have deeply examined the structure and function of the compensatory remedy provided for by article 82 GDPR with particular reference to the role of harm as a necessary condition for its application. The analysis of the dicta of the ECJ, compared with parallel developments occurred in the US system, provides some relevant insights to understand and distinguish those two problems and to articulate legal solutions.