79That said, it must be pointed out, in the present case, that Article 82(1) of the GDPR does not distinguish between situations in which, as a result of an established infringement of provisions of that regulation, the ‘non-material damage’ alleged by the data subject, first, is linked to a misuse of his or her personal data by third parties that has already occurred, at the date of his or her claim for compensation, or, secondly, is linked to that person’s fear that such use may occur in the future.
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