Recital 61*

Commission Proposal

61. Any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data and is constituted according to the law of a Member State should have the right to lodge a complaint or exercise the right to a judicial remedy on behalf of data subjects if duly mandated by them, or to lodge, independently of a data subject’s complaint, its own complaint where it considers that a personal data breach has occurred.

EDRi’s proposed changes

61. Any body, organisation or association which aims to protects the rights and interests of data subjects in relation to the protection of their data and is constituted according to the law of a Member State should have the right to lodge a complaint or exercise the right to a judicial remedy on behalf of data subjects if duly mandated by them, or to lodge, independently of a data subject’s complaint, its own complaint where it considers that a personal data breach has occurred or where it considers that a controller has not complied with the principles of data protection by design and by default.

Justification

The requirement of “duly mandated” is unclear and not contained in the corresponding provisions of the General Data Protection Regulation. It should therefore be removed. The addition at the end of the recital mirrors suggestions EDRi made to improve Article 73 of the proposed General Data Protection Regulation. This would allow such organisations to also raise cases in which controller did not obey the principles of data protection by design and by default.

  • eu logo The launch and upkeep (until December 31, 2012) of this website received financial support from the EU's Fundamental Rights and Citizenship Programme.
Follow

Get every new post delivered to your Inbox.

%d bloggers like this: