Article 39
Amendments as tabled
Two amendments, each tabled separately · ITRE–LIBE amendments 1053–1260 to the draft report
1240 +Addition Axel VossEPP · ITRE–LIBE “to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of…”
In Article 39, paragraph 1 the following point ea is added
to handle complaints from a data subject or complaints from a body, organisation or association pursuant to Article 80 against the processing of personal data by the controller or the processor, to investigate the subject matter of the complaint to an appropriate extent, and to advise the controller or the processor on appropriate remedial measures in the event of a breach of this Regulation.
Justification
DPO Package #3: The amendment strengthens accountability by recognising DPOs as practical governance safeguards and first points of contact for complaints. DPOs already advise controllers and processors, monitor compliance and support data subjects; giving them an explicit complaint-handling role makes resolution faster, less bureaucratic and closer to the facts. Voluntary or shared DPOs are encouraged. Supervisory authorities remain available where the complaint is not addressed or not fully remedied within one month.
- Tabled by
- Axel Voss
- Group
- EPP
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Printed header
- Article 3 – paragraph 1 – point 9 b (new) / Regulation (EU) 2016/679 / Article 39 – paragraph 1 – point ea (new)
1242 ~Alternative Julie Rechagneux +7ECR, PfE · ITRE–LIBE “including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of…”
9d. in Article 39 paragraph 2 is replaced by the following:
2. The data protection officer shall in the performance of his or her tasks have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing, including, where the data protection officer acts for several enterprises pursuant to Article 37(2a) or (4a), the specific processing operations of each of them."
- Tabled by
- Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, Christophe Bay
- Group
- ECR, PfE
- Document
- ITRE–LIBE amendments 1053–1260 to the draft report
- Source
- Official text, page 158
- Printed header
- Article 3 – paragraph 1 – point 9 d (new) / Regulation (EU) 2016/679 / Article 39 – paragraph 2