Article 67 GDPR

← Article 67 - Exchange of information →
Chapter 1: General provisions Article 1: Subject-matter and objectives Article 2: Material scope Article 3: Territorial scope Article 4: Definitions Chapter 2: Principles Article 5: Principles relating to processing of personal data Article 6: Lawfulness of processing Article 7: Conditions for consent Article 8: Conditions applicable to child’s consent in relation to information society services Article 9: Processing of special categories of personal data Article 10: Processing of personal data relating to criminal convictions and offences Article 11: Processing which does not require identification Chapter 3: Rights of the data subject Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject Article 13: Information to be provided where personal data are collected from the data subject Article 14: Information to be provided where personal data have not been obtained from the data subject Article 15: Right of access by the data subject Article 16: Right to rectification Article 17: Right to erasure (‘right to be forgotten’) Article 18: Right to restriction of processing Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20: Right to data portability Article 21: Right to object Article 22: Automated individual decision-making, including profiling Article 23: Restrictions Chapter 4: Controller and processor Article 24: Responsibility of the controller Article 25: Data protection by design and by default Article 26: Joint controllers Article 27: Representatives of controllers or processors not established in the Union Article 28: Processor Article 29: Processing under the authority of the controller or processor Article 30: Records of processing activities Article 31: Cooperation with the supervisory authority Article 32: Security of processing Article 33: Notification of a personal data breach to the supervisory authority Article 34: Communication of a personal data breach to the data subject Article 35: Data protection impact assessment Article 36: Prior consultation Article 37: Designation of the data protection officer Article 38: Position of the data protection officer Article 39: Tasks of the data protection officer Article 40: Codes of conduct Article 41: Monitoring of approved codes of conduct Article 42: Certification Article 43: Certification bodies Chapter 5: Transfers of personal data Article 44: General principle for transfers Article 45: Transfers on the basis of an adequacy decision Article 46: Transfers subject to appropriate safeguards Article 47: Binding corporate rules Article 48: Transfers or disclosures not authorised by Union law Article 49: Derogations for specific situations Article 50: International cooperation for the protection of personal data Chapter 6: Supervisory authorities Article 51: Supervisory authority Article 52: Independence Article 53: General conditions for the members of the supervisory authority Article 54: Rules on the establishment of the supervisory authority Article 55: Competence Article 56: Competence of the lead supervisory authority Article 57: Tasks Article 58: Powers Article 59: Activity reports Chapter 7: Cooperation and consistency Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61: Mutual assistance Article 62: Joint operations of supervisory authorities Article 63: Consistency mechanism Article 64: Opinion of the Board Article 65: Dispute resolution by the Board Article 66: Urgency procedure Article 67: Exchange of information Article 68: European Data Protection Board Article 69: Independence Article 70: Tasks of the Board Article 71: Reports Article 72: Procedure Article 73: Chair Article 74: Tasks of the Chair Article 75: Secretariat Article 76: Confidentiality Chapter 8: Remedies, liability and penalties Article 77: Right to lodge a complaint with a supervisory authority Article 78: Right to an effective judicial remedy against a supervisory authority Article 79: Right to an effective judicial remedy against a controller or processor Article 80: Representation of data subjects Article 81: Suspension of proceedings Article 82: Right to compensation and liability Article 83: General conditions for imposing administrative fines Article 84: Penalties Chapter 9: Specific processing situations Article 85: Processing and freedom of expression and information Article 86: Processing and public access to official documents Article 87: Processing of the national identification number Article 88: Processing in the context of employment Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90: Obligations of secrecy Article 91: Existing data protection rules of churches and religious associations Chapter 10: Delegated and implementing acts Article 92: Exercise of the delegation Article 93: Committee procedure Chapter 11: Final provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded Agreements Article 97: Commission reports Article 98: Review of other Union legal acts on data protection Article 99: Entry into force and application

Legal Text

Article 67 - Exchange of information

The Commission may adopt implementing acts of general scope in order to specify the arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board, in particular the standardised format referred to in Article 64.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).

Relevant Recitals

Recital 167: Implementing Acts

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission when provided for by this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. In that context, the Commission should consider specific measures for micro, small and medium-sized enterprises.

Recital 168: Examination Procedure

The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between processors; codes of conduct; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country, a territory or a specified sector within that third country, or an international organisation; standard protection clauses; formats and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules; mutual assistance; and arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board.

Commentary

Article 67 GDP provision grants the power to adopt an implementing act to the Commission for the exchange of information not only between the supervisory authorities (“SA”), but also between the SAs and the European Data Protection Board (“EDPB”).

The necessity of a reliable and efficient system to communicate, in particular under the cooperation procedure (between SAs) and the consistency mechanism (under the consistency procedure) is vital for the good functioning of the cooperation between the SAs and the EDPB, considering the strict deadlines and the need for enhanced cooperation. The Internal Market Information System (IMI) was chosen as the IT platform to support cooperation and consistency procedures under the GDPR. IMI helps public authorities across the EU to cooperate and exchange information. IMI has been developed by the European Commission’s DG GROW and was adapted to cater for the needs of the GDPR, in close cooperation with the Secretariat of the EDPB and the national SAs. The IMI system is therefore used to initiate various procedures under the GDPR, such as the identification of the LSA, mutual assistance procedures, or one-stop-shop procedures.

The Commission also adopted an implementing decision on a pilot project to implement the administrative cooperation provisions of the GDPR. This decision refers to the Administrative cooperation between SAs (covering cooperation under Articles 56, 60, 61 and 62 GDPR) and the administrative cooperation between SAs, the EDPB and the Commission (covering Articles 64 to 66 GDPR). For the purposes of the pilot project, the SAs referred to in Article 51 GDPR and the EDPB shall be considered as “competent authorities” under the IMI Regulation. The IMI Regulation (Regulation (EU) No 1024/2012) has also been modified to extend the list of IMI actors (besides the “competent authorities, IMI coordinators and the Commission”) to the “Union bodies, offices and agencies” and to add the GDPR to the Annex listing the provisions on administrative cooperation in union acts that are implemented by means of IMI.

Article 17 of the EDPB Rules of Procedure (RoP) refers to the use of an “Internal information and communication system”, “in particular to support the electronic exchange of documents within the cooperation and the consistency mechanisms”. Article 10 11(1) of the EDPB RoP require the competent SA to send the relevant documents to the secretariat of the EDPB via the IMI IT system. The use of the IMI system to communicate between SAs is therefore made mandatory. Ignoring this requirement can have consequences, since the EDPB already considered that the urgency could not be presumed under Article 61(8) GDPR if the request for mutual assistance was not made under the formal IMI procedure to send a request for mutual assistance to the Irish SA.

Decisions

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