Article 76*
Article 76 – Common rules for court proceedings
Commission Proposal
| 1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74 and 75 on behalf of one or more data subjects.2. Each supervisory authority shall have the right to engage in legal proceedings and bring an action to court, in order to enforce the provisions of this Regulation or to ensure consistency of the protection of personal data within the Union.3. Where a competent court of a Member State has reasonable grounds to believe that parallel proceedings are being conducted in another Member State, it shall contact the competent court in the other Member State to confirm the existence of such parallel proceedings.
4. Where such parallel proceedings in another Member State concern the same measure, decision or practice, the court may suspend the proceedings. 5. Member States shall ensure that court actions available under national law allow for the rapid adoption of measures including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved. |
EDRi’s proposed amendment
| 1. Any body, organisation or association referred to in Article 73(2) shall have the right to exercise the rights referred to in Articles 74, 4. Where such parallel proceedings in another Member State concern the same measure, decision or practice, the court may suspend the proceedings. 5. Member States shall ensure that court actions available under national law allow for the rapid adoption of measures including interim measures, designed to terminate any alleged infringement and to prevent any further impairment of the interests involved. |
Justification
Bodies, organisations and associations aiming to protect data subject rights should also be able to bring judicial action for compensation.
The information procedures between courts could be clarified and made more systematic.
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