Article 31
Cooperation with the supervisory authority

Official
Texts
Guidelines
& Caselaw
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EU Regulation
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Nat. Regulation
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(120) Each supervisory authority should be provided with the financial and human resources, premises and infrastructure necessary for the effective performance of their tasks, including those related to mutual assistance and cooperation with other supervisory authorities throughout the Union. Each supervisory authority should have a separate, public annual budget, which may be part of the overall state or national budget.

There is no recital in the Directive related to article 31.

The GDPR

Article 31 of the Regulation sets specific obligations to the controllers and the processors - as well as to their representative, as appropriate, to cooperate at the request of the supervisory authorities, in the performance of their tasks.

This obligation is obvious. Being contained in the first version of the text, it then disappeared to return in the last version. Doubtless, a sign among many others, of a strong political will to strengthen the powers of the supervisory authorities.

The Directive

Neither the Directive, nor most national laws contained a corresponding provision.

Potential issues

We do not see a priori any specific implementation difficulties.

Regulation
1e 2e

Art. 31

The controller and the processor and, where applicable, their representatives, shall cooperate, on request, with the supervisory authority in the performance of its tasks.

1st proposal close

No specific provision

2nd proposal close

No specific provision

Directive close

No specific provision

Personal Data Protection Act

Article 22. (Last Amendment, SG No. 103/2005)

(1) The data controller must provide access for the persons referred to in Art. 12, Para 1 to the registers maintained by it and must not impede the control over the process of personal data processing.

(2) The data controller must provide the information requested by the persons referred to in Art. 12, Para 1 orally or in writing, or on other information carriers.

(3) (New, SG No. 91/2006) The commercial, industrial or of other secret protected by law can not be ground for refusal of cooperation by the controller.

(4) (Former Paragraph (3), SG No. 91/2006) Where the information contains data constituting classified information, the procedure for access provided in the Classified Information Protection Act applies.

(5) (Former Paragraph (4), SG No. 91/2006) All persons engaged in personal data processing must cooperate with the Commission in the exercise of its powers.

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