EDRi’s proposed new Article
Article 10a – Rights in relation to recipients
Member States shall provide that the controller shall communicate any change, rectification or erasure, carried out in accordance with Articles 15 and 16 of this Directive or for other reasons, to each recipient to whom the data have been disclosed and obtain information on the actions taken following this communication, unless this proves impossible or involves a disproportionate effort.
This proposed amendment introduces a provision similar to Article 13 of the proposed General Data Protection Regulation. It is important that controllers notify recipients of changes to data, irrespective of whether these changes follow from requests for rectification or erasure or other reasons, such as the competent authority’s own findings – think of a situation where the status of a person initially suspected of a crime changes to being a witness of said crime. This has also been recommended by the EDPS. Rules with the same aim already exist elsewhere in the law-enforcement context, see e.g. Article 16 of Council Decision 2009/934/JHA for Europol.