Article 45*

Article 45 – Duties

Commission Proposal

1. Member States shall provide that the supervisory authority:

(a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures;

(b) hears complaints lodged by any data subject, or by an association representing and duly mandated by that data subject in accordance with Article 50, investigates, to the extent appropriate, the matter and informs the data subject the association of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary;

(c) checks the lawfulness of data processing pursuant to Article 14, and informs the data subject within a reasonable period on the outcome of the check or on the reasons why the check has not been carried out;

(d) provides mutual assistance to other supervisory authorities and ensures the consistency of application and enforcement of the provisions adopted pursuant to this Directive;

(e) conducts investigations either on its own initiative or on the basis of a complaint, or on request of another supervisory authority, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period;

(f) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies;

(g) is consulted by Member State institutions and bodies on legislative and administrative measures relating to the protection of individuals’ rights and freedoms with regard to the processing of personal data;

(h) is consulted on processing operations pursuant to Article 26;

(i) participates in the activities of the European Data Protection Board.

2. Each supervisory authority shall promote the awareness of the public on risks, rules, safeguards and rights in relation to the processing of personal data. Activities addressed specifically to children shall receive specific attention.

3. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with the supervisory authorities in other Member States to this end.

4. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication.

5. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject.

6. Where requests are vexatious, in particular due to their repetitive character, the supervisory authority may charge a fee or not take the action required by the data subject. The supervisory authority shall bear the burden of proving of the vexatious character of the request.

EDRi’s proposed changes

1. Member States shall provide that the supervisory authority:

(a) monitors and ensures the application of the provisions adopted pursuant to this Directive and its implementing measures;

(b) hears complaints lodged by any data subject, or by an association representing and duly mandated by that data subject in accordance with Article 50, investigates, to the extent appropriate, the matter and informs the data subject the association of the progress and the outcome of the complaint within a reasonable period, in particular where further investigation or coordination with another supervisory authority is necessary;

(c) checks the lawfulness of data processing pursuant to Article 14, and informs the data subject within a reasonable period on the outcome of the check or on the reasons why the check has not been carried out;

(d) provides mutual assistance to other supervisory authorities and ensures the consistency of application and enforcement of the provisions adopted pursuant to this Directive;

(e) conducts investigations either on its own initiative or on the basis of a complaint, or on request of another supervisory authority, and informs the data subject concerned, if the data subject has addressed a complaint, of the outcome of the investigations within a reasonable period;

(f) monitors relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies;

(g) is consulted by Member State institutions and bodies on legislative and administrative measures relating to the protection of individuals’ rights and freedoms with regard to the processing of personal data;

(h) is consulted on processing operations pursuant to Article 26;

(i) participates in the activities of the European Data Protection Board.

2. Each supervisory authority shall promote the awareness of the public on risks, rules, safeguards and rights in relation to the processing of personal data. Activities addressed specifically to children shall receive specific attention.

3. The supervisory authority shall, upon request, advise any data subject in exercising the rights laid down in provisions adopted pursuant to this Directive, and, if appropriate, co-operate with the supervisory authorities in other Member States to this end.

4. For complaints referred to in point (b) of paragraph 1, the supervisory authority shall provide a complaint submission form, which can be completed electronically, without excluding other means of communication.

5. Member States shall provide that the performance of the duties of the supervisory authority shall be free of charge for the data subject.

6. Where requests are vexatious manifestly excessive, in particular due to their repetitive character, the supervisory authority may charge a fee or not take the action required by the data subject. The supervisory authority shall bear the burden of proving of the vexatious manifestly excessive character of the request.

Justification

This aligns the wording with Article 52(6) of the proposed General Data Protection Regulation.

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