Rina Steenkamp - Privacy and technology

My annotated General Data Protection Regulation

Chapter VI Independent supervisory authorities

Section 2 Duties and powers

Article 53 Powers

October 2013

Article 53(1)

1. Each supervisory authority shall, in line with this regulation, have the power:

Article 53(2)

2. Each supervisory authority shall have the investigative power to obtain from the controller or the processor without prior notice:

Article 53(3)

3. Each supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).

Article 53(4)

4. Each supervisory authority shall have the power to sanction administrative offences, in accordance with Article 79. This power shall be exercised in an effective, proportionate and dissuasive manner.

[Source: October 2013]

January 2012

Explanatory memorandum

3.4. Detailed explanation of the proposal

Article 53 provides the powers of the supervisory authority, in parts building on Article 28(3) of Directive 95/46/EC and Article 47 of Regulation (EC) 45/2001, and adding some new elements, including the power to sanction administrative offences.

[Source: January 2012 | Context: Proposal from the European Commission]

Article 53(1) [Amended: October 2013]

1. Each supervisory authority shall have the power:

Article 53(2) [Amended: October 2013]

2. Each supervisory authority shall have the investigative power to obtain from the controller or the processor:

Article 53(3)

3. Each supervisory authority shall have the power to bring violations of this Regulation to the attention of the judicial authorities and to engage in legal proceedings, in particular pursuant to Article 74(4) and Article 75(2).

Article 53(4) [Amended: October 2013]

4. Each supervisory authority shall have the power to sanction administrative offences, in particular those referred to in Article 79(4), (5) and (6).

[Source: January 2012 | Context: Proposal from the European Commission]

Directive 95/46/EC

Cross-reference

General Data Protection Regulation:Directive 95/46/EC:
Article 53Article 28(3)

Chapter VI Supervisory authority and Working Party on the Protection of Individuals with regard to the Processing of Personal Data

Article 28 Supervisory authority

Article 28(3)

3. Each authority shall in particular be endowed with:

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