Article 25*

Article 25 – Cooperation with the supervisory authority

Commission Proposal

1. Member States shall provide that the co ntroller and the processor shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing all information necessary for the supervisory authority to perform its duties.2. In response to the supervisory authority’s exercise of its powers under points (a) and (b) of Article 46, the controller and the processor shall reply to the supervisory authority within a reasonable period. The reply shall include a description of the measures taken and the results achieved, in response to the remarks of the supervisory authority.

EDRi’s proposed amendment

1. Member States shall provide that the co ntroller and the processor shall co-operate, on request, with the supervisory authority in the performance of its duties, in particular by providing all information necessary for the supervisory authority to perform its duties.

2. In response to the supervisory authority’s exercise of its powers under points (a)and (b) paragraph 1 of Article 46, the controller and the processor shall reply to the supervisory authority within a reasonable period to be specified by the supervisory authority. The reply shall include a description of the measures taken and the results achieved, in response to the remarks of the supervisory authority.

Justification

Given that there might be situations in which the DPA and the controller disagree about what periods are “reasonable”, it is preferable to clearly state that the period is to be established by the DPA. This also reflects the rules in Article 29 of the proposed General Data Protection Regulation. The changed reference to Article 46 reflects EDRi’s proposed amendment to that Article, which endows DPAs with additional powers.

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