Article 79
Right to an effective judicial remedy against a controller or processor
(55) Whereas, if the controller fails to respect the rights of data subjects, national legislation must provide for a judicial remedy; whereas any damage which a person may suffer as a result of unlawful processing must be compensated for by the controller, who may be exempted from liability if he proves that he is not responsible for the damage, in particular in cases where he establishes fault on the part of the data subject or in case of force majeure; whereas sanctions must be imposed on any person, whether governed by private of public law, who fails to comply with the national measures taken under this Directive;
Regulation
Art. 79 1. Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation. 2. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers. |
Directive
Art. 22 Without prejudice to any administrative remedy for which provision may be made, inter alia before the supervisory authority referred to in Article 28, prior to referral to the judicial authority, Member States shall provide for the right of every person to a judicial remedy for any breach of the rights guaranteed him by the national law applicable to the processing in question. |
Germany
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Poland
In force until May 25, 2018: The Act on Personal Data Protection
Article 32 1. The data subject has a right to control the processing of his/her personal data contained in the filing systems, and in particular he/she has the right to: (…) 6) demand the data to be completed, updated, rectified, temporally or permanently suspended or erased, in case they are not complete, outdated, untrue or collected with the violation of the act, or in case they are no longer required for the purpose for which they have been collected, 7) make a justified demand in writing, in cases referred to in Article 23 paragraph 1 point 4 and 5, for the blocking of the processing of his/her data, due to his/her particular situation, 8) object to the processing of his/her personal data in cases referred to in Article 23 paragraph 1 point 4 and 5, should the controller intend to process the data for marketing purposes or to object to the transfer of the data to another controller, 9) make a demand to a controller for reconsidering of the individual case settled in contravention of Article 26a paragraph 1. 2. In case of the demand referred to in paragraph 1 point 7 the controller shall immediately stop the processing of the questioned data or without undue delay transmit the demand to the Inspector General who shall make an appropriate decision. 3. In case of the objection referred to in paragraph 1 point 8 further processing of the questioned data shall be prohibited. However, the controller is allowed to leave in filing system forename or forenames and a surname of a person with a PESEL identification number or address solely for the reason to avoid the data being used once more for the purposes to which the data subjects objected. 3a. In case of the demand referred to in Article 32 paragraph 1 point 9 the controller without undue delay shall consider the case or transmit it, together with his/her reasoned stand, to the Inspector General who shall issue an appropriate decision. (…) |