NGOs worry EU to curtail the rights of complainants in transnational privacy disputes
As Europe braces for a possible legislative shift, a number of non-profit organizations have taken a stand to defend the rights of complainants involved in cross-border data privacy cases. The European Commission is ironing out a draft law aimed at aligning the administrative procedures for such cases under the EU’s General Data Protection Regulation (GDPR). The initiative was sparked by a letter from Andrea Jelinek, the former chair of the European Data Protection Board, who called for a more streamlined process across the EU to expedite GDPR enforcement.
The collective concern is that complainants may be stripped of their rights in their own cases, such as the right to be heard, to make submissions, and to access the file. This would leave them in the dark about the defendants’ statements to the regulator. The European Commission has reportedly discussed this possibility during stakeholder meetings.
This situation arises from the fact that legal standings for plaintiffs vary across the EU, leading to inconsistent treatment. The disparity between legal systems has led to public confrontations and litigation between complainants and privacy regulators. A notable instance occurred when the Irish Data Protection Commissioner asked an Austrian NGO to remove a draft decision from their website, leading to a conflict of law.
In response, the Irish Council of Civil Liberties (ICCL) commissioned a legal opinion from law firm Timelex. The argument is that not recognizing complainants as full parties could undermine fundamental rights and legal principles, and conflict with practices in related areas such as competition law. The European Commission is expected to release its proposal in early July, so all eyes are on how this matter will be addressed.
Source: NGOs fear EU might strip complainants’ rights in cross-border privacy cases
