Article 77
Right to lodge a complaint with a supervisory authority
There is no recital in the Directive related to article 77.
Regulation
Art. 77 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. |
Directive
Art. 28 (…) 4. Each supervisory authority shall hear claims lodged by any person, or by an association representing that person, concerning the protection of his rights and freedoms in regard to the processing of personal data. The person concerned shall be informed of the outcome of the claim. Each supervisory authority shall, in particular, hear claims for checks on the lawfulness of data processing lodged by any person when the national provisions adopted pursuant to Article 13 of this Directive apply. The person shall at any rate be informed that a check has taken place. |
Denmark
40. The data subject may file a complaint to the appropriate supervisory authority concerning the processing of data relating to him. |
Poland
In force until May 25, 2018: The Act on Personal Data Protection
Article 18 1. In case of any breach of the provisions on personal data protection, the Inspector General ex officio or upon a motion of a person concerned, by means of an administrative decision, shall order to restore the proper legal state, and in particular: 1) to remedy the negligence, 2) to complete, update, correct, disclose, or not to disclose personal data, 3) to apply additional measures protecting the collected personal data, 4) to suspend the flow of personal data to a third country, 5) to safeguard the data or to transfer them to other subjects, 6) to erase the personal data. (…) 2a. The Inspector General's decisions as mentioned in Article 18 paragraph 1, regarding the filing systems referred to in article 43 paragraph 1 point 1a, cannot order an erasure of personal data collected in inquiry activities carried out on a basis of legal provisions. 3. Should provisions of other laws regulate otherwise the performance of the actions referred to in Article 18 paragraph 1, these provisions are applicable. Article 19 Should the inspection reveal that the action or failure in duties of the head of an organizational unit, its employee or any other natural person acting as the controller bears attributes of an offence within the meaning of the Act, the Inspector General shall inform about it a proper prosecuting body, enclosing the evidence confirming his/her suspicions. |