Editing Article 57 GDPR

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===Tasks of the Authority===
=== Tasks of the Authority ===
Article 57 contains a detailed, albeit not exhaustive, list of mandatory tasks assigned to the supervisory authorities. The provision does not provide for a closed list, as other tasks and responsibilities may arise from other provisions included in the GDPR ("''Without prejudice to other tasks set out under this Regulation''"). The aim of the detailed regulation is to create an equivalent level of data protection within the EU through a ''uniform implementation framework'' (Recital 123 ,129 and Article 57(1)(g)(h) GDPR).<ref>BeckOK DatenschutzR / Eichler GDPR Art. 57 Rn. 1-3</ref>
Data protection authorities are now tasked with
====(a) monitor and enforce the application of this Regulation;====
=== Submission of complaints should be facilitated ===
According to Article 57(1)(a), the supervisory authorities must monitor and enforce the application of the GDPR. The collocation of this task (letter a) demonstrate that monitoring and enforcement are the ''supervisory authorities''' ''core activities.'' The following tasks can be understood as a manifestation of this delicate task. <ref>Kühling / Buchner / Boehm GDPR Art. 57 Rn. 9</ref>
====(b) promote public awareness and understanding of the risks, rules, safeguards and rights;====
=== DPAs tasks shall be performed free of charge ===
Raising public awareness is now explicitly regulated as a task. The GDPR expressly assigns the supervisory authorities the task of making the public aware not only of the ''risks'' associated with data processing but also of safeguards and protections that the GDPR afford to data subjects and children.
====(c) advise Member States and other public bodies on legislative and administrative measures when necessary;====
=== Exception: Manifestly unfounded or excessive requests ===
The wording includes ''general, preventive advice to'' the bodies mentioned on which measures should be taken to ensure an appropriate level of data protection. A confirmation to this can be found in Article 36(4) which stipulates that Member States shall consult the supervisory authority during the preparation of a legislative measure which relates to processing of personal data. <ref>BeckOK DatenschutzR / Eichler GDPR Art. 57 Rn. 9-11</ref> The advisory activities of the supervisory authorities are intended to make data processing transparent ''and'' enable the addressees of the advisory service to ''conduct legal and administrative activities in accordance with data protection.''
====(d) promote the awareness of controllers and processors of their obligations under this Regulation;====
Supervisory authorities should not only shed light on legislative proposals and administrative measures, but also on those actors whose actions are governed by the GDPR: controllers and processors. In practice, this task can be carried out, for example, through training courses, official statements as well as through direct contacts with the obligated parties in the event of obvious difficulties in interpreting new and controversial provisions. <ref>Kühling / Buchner / Boehm GDPR Art. 57 Rn. 14-19</ref>
====(e) provide information concerning the exercise of data subject rights;====
Not only data protection authorities raise public awareness but they also provide specific guidance to every person concerned with information about the exercise of their GDPR rights. "Rights" includes both material rights (such as the right to be forgotten, Article 17) as well as procedural rights and legal enforcement options (for instance, the rights mentioned in Article 77, 78 and 80 GDPR). Article 57(1)(e) refers to the fact that several data protection supervisory authorities may have to work together for the purpose of a corresponding information campaign (e.g. by creating a joint information website or a joint leaflet). <ref>Ehmann / Selmayr / Selmayr, 2nd edition 2018, GDPR Art. 57, marginal numbers 12-15</ref>
====(f) handle, investigate complaints and inform the complainant of the progress and the outcome of the investigation (within a reasonable period);====
Under Article 57 (1)(f) GDPR, supervisory authorities should deal with data subjects' complaints (including complaints filed in accordance with Article 80 GDPR). This implies investigating the subject matter of the complaint and informing the complainant about the progress and result of the investigation. All the above should be performed within a reasonable period of time (see also Article 77(2)  and Article 78(2) GDPR). According to scholars, the provision under comment highlights a fundamental duty of the data protection authorities to process complaints quickly and efficiently and to avoid lengthy proceedings. <ref>Ehmann / Selmayr, General Data Protection Regulation, 2nd edition 2018, nn. 6-11</ref>
====(g) cooperate with other supervisory authorities, share information and provide mutual assistance to ensure consistent application of the GDPR across the EU and full enforcement;====
DPAs must share information and cooperate with other authorities in case a processing presents transnational profiles. It seems important to highlight that this type of cooperation does not require a cross-border processing as per Article 4(21) GDPR. The ''inter-agency cooperation'' can be regarded as a necessary instrument that allows supervisory authorities to monitor and enforce the application of the GDPR throughout the Union. Such aim would be impossible without a proactive cooperation. Therefore, it is the task of every national data protection supervisory authority, to work with other supervisory authorities, also through the exchange of information, and to provide them with administrative assistance in order to ensure the uniform application and enforcement of the GDPR''.''
====(h) conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;====
The DPA can obviously carry out ''ex officio'' investigations to ensure compliance with the GDPR. To start the investigation, a data protection authority can obtain the information out of its own initiative or from another supervisory authority (e.g. in accordance with Article 60(1) and Article 61(1) of the GDPR). Relevant information can also be obtained by another authority (e.g. a competition SA, consumer protection or telecommunications authority). In any of these cases, the DPA can start an investigation.
====(i) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;====
Another activity DPAs are tasked with is to follow any development relevant to data protection field. In particular, the DPA shall be updated on new communication technologies and business practices. This seems to be necessary in order to adequately carry out the other tasks, particularly monitoring and advice. To do so, the supervisory authorities shall be given appropriate human and technical resources (Article 52(4) GDPR).
====(j) adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);====
Supervisory authorities can adopt standard contractual clauses in accordance with Article 28(8) and Article 46(2)(d) GDPR. Both cases trigger the ''coherence procedure'' before the EDPB according to Article 63, 64(1)(d) GDPR.
====(k) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);====
Every DPA shall establish and maintain a list of the processing operations for which according a data protection impact assessment must always be carried out (Article 35(1) GDPR). On the other side, maintaining a ''negative list'' for cases where a DPIA is not needed is ''not a mandatory task''. However, according to Article 35(5), a DPA may also establish and make public a list of the kind of processing operations for which no data protection impact assessment is required. These lists are also to be submitted to the EDPS.
====(l) give advice on the processing operations referred to in Article 36(2);====
If the supervisory authority is of the opinion that the intended processing referred to in Article 36(1) would infringe the Regulation, it can provide written advice to the controller and, where applicable to the processor, and may use any of its powers referred to in Article 58. In these cases, the data protection officers of the responsible parties act as a contact point for the supervisory authorities in accordance with Article 39(1)(e) GDPR.
====(m) encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);====
See comment under Article 40.
====(n) encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);====
See comment under Article 42.
====(o) where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);====
See comment under Article 42.
====(p) draft and publish the criteria for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;====
See comments under Article 41 and 43.
====(q) conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;====
See comments under Article 41 and 43.
====(r) authorise contractual clauses and provisions referred to in Article 46(3);====
See comment under Article 46.
====(s) approve binding corporate rules pursuant to Article 47;====
See comment under Article 47.
====(t) contribute to the activities of the Board;====
''You can help us fill this section!''
====(u) keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and====
See comment under Article 58.
====(v) fulfil any other tasks related to the protection of personal data.====
Article 57(1)(v) constitutes the residual provision for all “''other tasks related to the protection of personal data''”. The list of tasks is therefore not exhaustive and Member States can provide for further tasks in national law. However, these should be chosen carefully with a view to the respective financial resources and the already far-reaching tasks. <ref>Kühling / Buchner / Boehm, 3rd edition 2020, GDPR Art. 57 Rn. 24</ref>
===Submission of complaints should be facilitated===
The data subject's right to file a complaint and seek protection following an infringement of the GDPR is widely mentioned and protected throughout the Regulation. Data subjects are informed about the existence of the right to complaint (Article12(4) and Article 13(2)(d) and (e) GDPR). The supervisory authorities deal with every complaint, investigating it to an appropriate extent and informing the complainant about the progress and result of the investigation (Article 57(1)(f) GDPR).
The filing of complaints should be facilitated. This means that the DPA should be able to provide simple and intuitive solutions for uploading and filing the complaint as well as relevant attachments. The provision expressly mentions a "''complaint submission form''" which should be easy to understand and access to. The provision, however, does not exclude "''other means of communications''", such as the e-mail. In order to facilitate the filing, the DPA IT systems should should be able to receive the complaints with the least number of obstacles possible. It should allow the upload of the most commonly used files format, <ref>BeckOK DatenschutzR / Eichler, 35th Ed. 1.2.2021, GDPR Art. 57 Rn. 41-43</ref> and avoid setting unreasonable restrictions on the amount of files that can be uploaded and their dimension.
===DPAs tasks shall be performed free of charge (for the data subject)===
The right to file a complaint is granted free of charge. This supports the idea that of data protection as a fundamental right that must be enforced without undue hindrance by both controllers and DPAs. On the other side, since controllers and processors are not mentioned, it seems reasonable to conclude that the DPA may charge them with some fees for the performance of their tasks. <ref>Ehmann / Selmayr, General Data Protection Regulation
2nd edition 2018</ref>
===Exception: Manifestly unfounded or excessive requests===
Article 57(4) provides for an exception to the "free of charge" principle. In particular, if the requests are manifestly unfounded or excessive, in particular if they are repetitive, the authority may charge a reasonable fee or refuse to act on the request. This is to prevent the activity of a supervisory authority from being seriously impaired or even paralyzed by troublemakers who make nonsensical or repeated requests. However, since the task of the supervisory authorities is to protect fundamental rights, this exception rule may only be used in clearly defined situations. <ref>Ehmann / Selmayr / Selmayr, 2nd edition. 2018, GDPR Art. 57 nn. 22-24. Paal / Pauly / ''Körffer,'' DS-GVO / BDSG, Art. 57 DS-GVO Rn. 31 also advocates a cautious application of the exception to the principle of free of charge.</ref> The above exception may limit the protection of the data subject's right to file a complaint. For this reason, Article 57(4) provides that the data protection supervisory authority bears the burden of proof and must demonstrate that a request is manifestly unfounded or excessive.

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