Article 50*

Article 50 – Right to lodge a complaint with a supervisory authority

Commission Proposal

1. Without prejudice to any other administrative or judicial remedy, Member States shall provide for the right of every data subject 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 provisions adopted pursuant to this Directive.

2. Member States shall provide for the right of any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and is being properly constituted according to the law of a Member State 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 Directive have been infringed as a result of the processing of personal data. The organisation or association must be duly mandated by the data subject(s).

3. Member States shall provide for the right of any body, organisation or association referred to in paragraph 2, independently of a data subject’s complaint, to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred.

EDRi’s proposed amendment

1. Without prejudice to any other administrative or judicial remedy, Member States shall provide for the right of every data subject 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 provisions adopted pursuant to this Directive.

2. Member States shall provide for the right of any body, organisation or association which aims to protect data subjects’ rights and interests concerning the protection of their personal data and is being properly constituted according to the law of a Member State 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 Directive have been infringed as a result of the processing of personal data. The organisation or association must be duly mandated by the data subject(s).

3. Member States shall provide for the right of any body, organisation or association referred to in paragraph 2, independently of a data subject’s complaint, to lodge a complaint with a supervisory authority in any Member State, if it considers that a personal data breach has occurred or when it considers that a controller has breached its obligations under Article 19.

Justification

The requirement of being “duly mandated by the data subject” is not included in the corresponding provision of the General Data Protection Regulation, Article 73. There seems to be no reason for having this extra criterion here. Similar to what has been suggested there, EDRi proposes the extent the scope of paragraph 3 to allow such organisations to also raise cases where controller have not obeyed their obligations regarding data protection by design and by default.

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