Rina Steenkamp - Privacy and technology
Chapter VIII Remedies, liability and sanctions
1. Without prejudice to any other administrative or judicial remedy and the consistency mechanism, every data subject shall have the right to lodge a complaint with a supervisory authority in any Member State if they consider that the processing of personal data relating to them does not comply with this Regulation.
2. Any body, organisation or association which acts in the public interest and has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject’s rights under this Regulation have been infringed as a result of the processing of personal data.
3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that breach of this regulation has occurred.
[Source: October 2013]
(111) Data subjects should have the right to lodge a complaint with a supervisory authority in any Member State and have the right to an effective judicial remedy in accordance with Article 47 of the Charter of Fundamental Rights if they consider that their rights under this Regulation are infringed or where the supervisory authority does not react on a complaint or does not act where such action is necessary to protect the rights of the data subject.
(112) Any body, organisation or association which acts in the public interest and is constituted according to the law of a Member State should have the right to lodge a complaint with a supervisory authority on behalf of data subjects with their consent or exercise the right to a judicial remedy if mandated by the data subject, or to lodge, independently of a data subject’s complaint, an own complaint where it considers that a breach of this Regulation has occurred.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 73 provides the right of any data subject to lodge a complaint with a supervisory authority, based on Article 28(4) of Directive 95/46/EC. It specifies also the bodies, organisations or associations which may lodge a complaint on behalf of the data subject or, in case of a personal data breach, independently of a data subject's complaint.
[Source: January 2012 | Context: Proposal from the European Commission]
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority in any Member State if they consider that the processing of personal data relating to them does not comply with this Regulation.
2. Any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and has been properly constituted according to the law of a Member State shall have the right to lodge a complaint with a supervisory authority in any Member State on behalf of one or more data subjects if it considers that a data subject’s rights under this Regulation have been infringed as a result of the processing of personal data.
3. Independently of a data subject's complaint, any body, organisation or association referred to in paragraph 2 shall have the right to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.
[Source: January 2012 | Context: Proposal from the European Commission]
(111) Every data subject should have the right to lodge a complaint with a supervisory authority in any Member State and have the right to a judicial remedy if they consider that their rights under this Regulation are infringed or where the supervisory authority does not react on a complaint or does not act where such action is necessary to protect the rights of the data subject.
(112) Any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data and is constituted according to the law of a Member State should have the right to lodge a complaint with a supervisory authority or exercise the right to a judicial remedy on behalf of data subjects, or to lodge, independently of a data subject's complaint, an own complaint where it considers that a personal data breach has occurred.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]