C-416/239 Jan 2025
Österreichische Datenschutzbehörde v F R
In Article 57(4) of Regulation 2016/679, 'request' includes the complaints referred to in Article 57(1)(f) and Article 77(1) of that regulation.
General Data Protection Regulation
Article 77
Right to lodge a complaint with a supervisory authority
1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
2. The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.
Holdings
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C-33/2216 Jan 2024
Österreichische Datenschutzbehörde v WK
Where a Member State has set up a single supervisory authority under Regulation 2016/679 but has not given it power to monitor a parliamentary committee of inquiry that scrutinises the executive, Article 77(1) and Article 55(1) directly give that authority power to hear complaints about that committee's processing of personal data.
C-132/2112 Jan 2023
BE v Nemzeti Adatvédelmi és Információszabadság Hatóság
The remedies under Articles 77(1) and 78(1), on the one hand, and under Article 79(1), on the other, may be pursued concurrently and independently. It is for the Member States to lay down the detailed rules governing the relationship between those remedies so as to ensure effective protection of the rights guaranteed by the GDPR, the consistent and homogeneous application of the GDPR, and the right to an effective remedy before a court or tribunal under Article 47 of the Charter.