12/10/2019
CURIA - Documents
‘Member States shall grant the data subject the right:
(a)
at least in the cases referred to in Article 7(e) and (f), to object at any time on compelling
legitimate grounds relating to his particular situation to the processing of data relating to him,
save where otherwise provided by national legislation. Where there is a justified objection, the
processing instigated by the controller may no longer involve those data;
…’
12
Article 28 of Directive 95/46, headed ‘Supervisory authority’, reads as follows:
‘1.
Each Member State shall provide that one or more public authorities are responsible for
monitoring the application within its territory of the provisions adopted by the Member States pursuant
to this Directive.
…
3.
Each authority shall in particular be endowed with:
–
investigative powers, such as powers of access to data forming the subject matter of
processing operations and powers to collect all the information necessary for the
performance of its supervisory duties,
–
effective powers of intervention, such as, for example, that … of ordering the blocking,
erasure or destruction of data, of imposing a temporary or definitive ban on processing …
–
…
Decisions by the supervisory authority which give rise to complaints may be appealed against through
the courts.
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.
…
6.
Each supervisory authority is competent, whatever the national law applicable to the processing in
question, to exercise, on the territory of its own Member State, the powers conferred on it in accordance
with paragraph 3. Each authority may be requested to exercise its powers by an authority of another
Member State.
The supervisory authorities shall cooperate with one another to the extent necessary for the
performance of their duties, in particular by exchanging all useful information.
…’
Regulation (EU) 2016/679
13
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement
of such data, and repealing Directive 95/46 (General Data Protection Regulation) (OJ 2016 L 119, p. 1,
and corrigendum OJ 2018 L 127, p. 2) applies, in accordance with Article 99(2), from 25 May 2018.
Article 94(1) of that regulation provides that Directive 95/46 is repealed with effect from that date.
14
Recitals 1, 4, 51, 52 and 65 of Regulation 2016/679 state:
curia.europa.eu/juris/document/document_print.jsf?docid=218106&text=&dir=&doclang=EN&part=1&occ=first&mode=DOC&pageIndex=0&cid=2571804
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