L 119/102
EN
Official Journal of the European Union
4.5.2016
(81)
Each supervisory authority should handle complaints lodged by any data subject and should investigate the
matter or transmit it to the competent supervisory authority. The investigation following a complaint should be
carried out, subject to judicial review, to the extent that is appropriate in the specific case. The supervisory
authority should inform the data subject of the progress and the outcome of the complaint within a reasonable
period. If the case requires further investigation or coordination with another supervisory authority, intermediate
information should be provided to the data subject.
(82)
In order to ensure effective, reliable and consistent monitoring of compliance with and enforcement of this
Directive throughout the Union pursuant to the TFEU as interpreted by the Court of Justice, the supervisory
authorities should have in each Member State the same tasks and effective powers, including investigative,
corrective, and advisory powers which constitute necessary means to perform their tasks. However, their powers
should not interfere with specific rules for criminal proceedings, including investigation and prosecution of
criminal offences, or the independence of the judiciary. Without prejudice to the powers of prosecutorial
authorities under Member State law, supervisory authorities should also have the power to bring infringements of
this Directive to the attention of the judicial authorities or to engage in legal proceedings. The powers of
supervisory authorities should be exercised in accordance with appropriate procedural safeguards laid down by
Union and Member State law, impartially, fairly and within a reasonable time. In particular each measure should
be appropriate, necessary and proportionate in view of ensuring compliance with this Directive, taking into
account the circumstances of each individual case, respect the right of every person to be heard before any
individual measure that would adversely affect the person concerned is taken, and avoiding superfluous costs and
excessive inconvenience to the person concerned. Investigative powers as regards access to premises should be
exercised in accordance with specific requirements in Member State law, such as the requirement to obtain a
prior judicial authorisation. The adoption of a legally binding decision should be subject to judicial review in the
Member State of the supervisory authority that adopted the decision.
(83)
The supervisory authorities should assist one another in performing their tasks and provide mutual assistance, so
as to ensure the consistent application and enforcement of the provisions adopted pursuant to this Directive.
(84)
The Board should contribute to the consistent application of this Directive throughout the Union, including
advising the Commission and promoting the cooperation of the supervisory authorities throughout the Union.
(85)
Every data subject should have the right to lodge a complaint with a single supervisory authority and to an
effective judicial remedy in accordance with Article 47 of the Charter where the data subject considers that his or
her rights under provisions adopted pursuant to this Directive are infringed or where the supervisory authority
does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such
action is necessary to protect the rights of the data subject. The investigation following a complaint should be
carried out, subject to judicial review, to the extent that is appropriate in the specific case. The competent
supervisory authority should inform the data subject of the progress and the outcome of the complaint within a
reasonable period. If the case requires further investigation or coordination with another supervisory authority,
intermediate information should be provided to the data subject. In order to facilitate the submission of
complaints, each supervisory authority should take measures such as providing a complaint submission form
which can also be completed electronically, without excluding other means of communication.
(86)
Each natural or legal person should have the right to an effective judicial remedy before the competent national
court against a decision of a supervisory authority which produces legal effects concerning that person. Such a
decision concerns in particular the exercise of investigative, corrective and authorisation powers by the
supervisory authority or the dismissal or rejection of complaints. However, that right does not encompass other
measures of supervisory authorities which are not legally binding, such as opinions issued by or advice provided
by the supervisory authority. Proceedings against a supervisory authority should be brought before the courts of
the Member State where the supervisory authority is established and should be conducted in accordance with
Member State law. Those courts should exercise full jurisdiction which should include jurisdiction to examine all
questions of fact and law relevant to the dispute before it.
(87)
Where a data subject considers that his or her rights under this Directive are infringed, he or she should have the
right to mandate a body which aims to protect the rights and interests of data subjects in relation to the
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