European Data Protection Law and Regulation - Supervision and Enforcement - Regulation by the citizen
9 important questions on European Data Protection Law and Regulation - Supervision and Enforcement - Regulation by the citizen
Who/what will be the biggest risk for organizations in litigation?
What are the components of regulation by the citizen?
- regulating the controller through the use of data subject rights
- remedies of breach of obligations
- representative actions
- liability and compensation claims
- regulating the regulators
If integrity and security principle is suspected to be at risk, can the data subject use any of his rights under Articles 13-22 preemptive to understand if this is the case, to the controller?
No, the law gives them a right to be told of a security breach, and then only in serious cases.
The individual can: compain DPA - or court
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Where can individuals make complaints about noncompliance?
To which DPA can make an individual a complaint?
Art. 77:
place of residence
place of work
place of infringement
To which court can proceedings be brought to by individuals?
Art. 79
where the controller or processor has an establishment
where the data subject is resident
What has been done to keep the threshold to the courts as low as possible?
Art. 80: group litigation or class actions where groups of individuals are represented as a collective in court.
To which controller/processor can the data subject submit compensation claims? What can this entity do next?
Art. 82
Any controller/processor that is responsible for any part of the damage.
This entity can claim back from the others
When can an individual go to court - and which court - against a DPA?
- disagree with a legally binding decision of the DPA
- the DPA does not handle a complaint
- does not inform the data subject within three months on progress or outcome of the complaint
Court is in Member state where the DPA is located
The question on the page originate from the summary of the following study material:
- A unique study and practice tool
- Never study anything twice again
- Get the grades you hope for
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