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. |
United Kingdom
42. Request for assessment (1) A request may be made to the Commissioner by or on behalf of any person who is, or believes himself to be, directly affected by any processing of personal data for an assessment as to whether it is likely or unlikely that the processing has been or is being carried out in compliance with the provisions of this Act. (2) On receiving a request under this section, the Commissioner shall make an assessment in such manner as appears to him to be appropriate, unless he has not been supplied with such information as he may reasonably require in order to— (a) satisfy himself as to the identity of the person making the request, and (b) enable him to identify the processing in question. (3) The matters to which the Commissioner may have regard in determining in what manner it is appropriate to make an assessment include— (a) the extent to which the request appears to him to raise a matter of substance, (b) any undue delay in making the request, and (c) whether or not the person making the request is entitled to make an application under section 7 in respect of the personal data in question. (4) Where the Commissioner has received a request under this section he shall notify the person who made the request— (a) whether he has made an assessment as a result of the request, and (b to the extent that he considers appropriate, having regard in particular to any exemption from section 7 applying in relation to the personal data concerned, of any view formed or action taken as a result of the request. |