L 119/126
EN
Official Journal of the European Union
4.5.2016
3.
The performance of the tasks of each supervisory authority shall be free of charge for the data subject and for the
data protection officer.
4.
Where a request is manifestly unfounded or excessive, in particular because it is repetitive, the supervisory
authority may charge a reasonable fee based on its administrative costs, or may refuse to act on the request. The
supervisory authority shall bear the burden of demonstrating that the request is manifestly unfounded or excessive.
Article 47
Powers
1.
Each Member State shall provide by law for each supervisory authority to have effective investigative powers.
Those powers shall include at least the power to obtain from the controller and the processor access to all personal data
that are being processed and to all information necessary for the performance of its tasks.
2.
Each Member State shall provide by law for each supervisory authority to have effective corrective powers such as,
for example:
(a) to issue warnings to a controller or processor that intended processing operations are likely to infringe the
provisions adopted pursuant to this Directive;
(b) to order the controller or processor to bring processing operations into compliance with the provisions adopted
pursuant to this Directive, where appropriate, in a specified manner and within a specified period, in particular by
ordering the rectification or erasure of personal data or restriction of processing pursuant to Article 16;
(c) to impose a temporary or definitive limitation, including a ban, on processing.
3.
Each Member State shall provide by law for each supervisory authority to have effective advisory powers to advise
the controller in accordance with the prior consultation procedure referred to in Article 28 and to issue, on its own
initiative or on request, opinions to its national parliament and its government or, in accordance with its national law, to
other institutions and bodies as well as to the public on any issue related to the protection of personal data.
4.
The exercise of the powers conferred on the supervisory authority pursuant to this Article shall be subject to
appropriate safeguards, including effective judicial remedy and due process, as set out in Union and Member State law in
accordance with the Charter.
5.
Each Member State shall provide by law for each supervisory authority to have the power to bring infringements
of provisions adopted pursuant to this Directive to the attention of judicial authorities and, where appropriate, to
commence or otherwise engage in legal proceedings, in order to enforce the provisions adopted pursuant to this
Directive.
Article 48
Reporting of infringements
Member States shall provide for competent authorities to put in place effective mechanisms to encourage confidential
reporting of infringements of this Directive.
Article 49
Activity reports
Each supervisory authority shall draw up an annual report on its activities, which may include a list of types of
infringement notified and types of penalties imposed. Those reports shall be transmitted to the national parliament, the
government and other authorities as designated by Member State law. They shall be made available to the public, the
Commission and the Board.
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