03/02/2020
CURIA - Documents
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11 Article 14 of Directive 95/46, entitled ‘The data subject’s right to object’, provides:
‘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;
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12 Article 28 of Directive 95/46, entitled ‘Supervisory authority’, is worded 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.
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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.
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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.
...’
Spanish law
13 Directive 95/46 was transposed into Spanish Law by Organic Law No 15/1999 of 13 December 1999
on the protection of personal data (BOE No 298 of 14 December 1999, p. 43088).
The dispute in the main proceedings and the questions referred for a preliminary ruling
curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=DOC&docid=152065&occ=first&dir=&cid=667631
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