Article 53*

Article 53 – Common rules for court proceedings

Commission proposal

1. Member States shall provide for the right of any body, organisation or association referred to in Article 50(2) to exercise the rights referred to in Articles 51 and 52 on behalf of one or more data subjects.2. Each supervisory authority shall have the right to engage in legal proceedings and bring an action to court, in order to enforce the provisions adopted pursuant to this Directive or to ensure consistency of the protection of personal data within the Union.

3. Member States shall ensure that court actions available under national law allow for the rapid adoption of measures including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved.

EDRi’s proposed amendment

1. Member States shall provide for the right of any body, organisation or association referred to in Article 50(2) to exercise the rights referred to in Articles 51, and 52 and 54 on behalf of one or more data subjects.2. Each supervisory authority shall have the right to engage in legal proceedings and bring an action to court, in order to enforce the provisions adopted pursuant to this Directive or to ensure consistency of the protection of personal data within the Union.

3. Member States shall ensure that court actions available under national law allow for the rapid adoption of measures including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved.

Justification

Bodies, organisations and associations aiming to protect data subject rights should also be able to bring judicial action for compensation.

The information procedures between courts could be clarified and made more systematic.

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