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EU: EDPB launches coordinated enforcement action on the right of access

On February 28, 2024, the European Data Protection Board (EDPB) launched its 2024 coordinated enforcement action, which will focus on the right of access. In particular, the EDPB explained that in order to gauge how organizations are complying with the right of access, participating data protection authorities must:

  • send questionnaires to organizations to aid fact-finding exercises or to identify if a formal investigation is warranted;
  • commence formal investigations; and/or
  • follow up on ongoing formal investigations.

The EDPB outlined that the results of the joint initiative will be analyzed in a coordinated manner and that data protection authorities will decide on possible further supervision and enforcement actions. Additionally, the results may allow for targeted follow-up at the EU level.

You can read the announcement here.

Update: February 29, 2024

Datatilsynet issues statement on participation in coordinated enforcement action on the right of access

On February 28, 2024, the Danish data protection authority (Datatilsynet) issued a statement on its participation in the coordinated enforcement action on the right of access. The Datatilsynet specified that it will publish a news item on its website in the near future, describing how it will organize its investigation.  

You can read the press release, only available in Danish, here.

Update: March 1, 2024

Germany: DSK issues a statement on participation in coordinated enforcement action on the right of access

On February 28, 2024, the German Data Protection Conference (DSK) issued a statement on its participation in the coordinated enforcement action on the right of access. More specifically, the DSK stated that in Germany, the state data protection supervisory authorities from Bavaria, Brandenburg, Mecklenburg-Western Pomerania, Lower Saxony, Rhineland-Palatinate, Saarland, and Schleswig-Holstein, as well as the Federal Commissioner for Data Protection and Freedom of Information (BfDI) took part in the enforcement action.

You can read the press release, only available in German, here.

Austria: DSB issues a statement on the coordinated enforcement action on the right of access

On March 1, 2024, the Austrian data protection authority (DSB) issued a statement specifying that its 2024 audits would focus on the implementation of the right to access under Article 15 of the General Data Protection Regulation (GDPR) due to the coordinated enforcement action on the right of access.

You can read the press release, only available in German, here.

Italy: Garante issues a statement on the coordinated enforcement action on the right of access

On February 28, 2024, the Italian data protection authority (Garante) issued a statement on the EDPB's coordinated enforcement action on the right of access. The Garante highlighted that the results of the action will be analyzed in a coordinated manner so the participating privacy commissioners can decide on any further oversight and enforcement actions.

You can read the press release, only available in Italian, here.

Update: March 20, 2024

DPC issues a statement on participation in coordinated enforcement action on the right of access

On March 19, 2024, the Data Protection Commission (DPC) issued a statement on the EDPB's coordinated enforcement action on the right of access. The DPC noted that it will take part in the action by sending questionnaires to 30 data controllers across the public and private sectors to aid a fact-finding exercise. The results will be aggregated and analyzed in a coordinated manner, leading to a European-wide report generating deeper insight into how organizations apply the EDPB Guidelines 01/2022 on data subject rights. 

Moreover, the DPC highlighted that the action is the third initiative under the Coordinated Enforcement Framework (CEF), whose objectives include cooperation between data protection authorities, which aligns with the DPC Regulatory Strategy 2022 to 2027 to cooperate and communicate with peer data protection authorities on emerging issues. 

You can read the press release here.

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