In section 5 there will be a brief illustration of the remedies for violations relating to police and criminal data and reference will be made to the Schengen remedial system. They represent preliminary steps for remedying data protection violations before national courts (section 4). we will examine remedies which are sought before the data controller (or processor) (section 2) and before DPAs (section 3). After having provided a general overview of EU data protection law and of the remedies established therein, Infra.
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As will be shown, although the reform will introduce new provisions on how to remedy data protection violations, there is still room to make the remedial system more effective and more data subject-oriented. The analysis looks at ‘proceduralisation’ rules which emerge from the EU data protection legislation and case law, and in particular from the EU data protection reform. This paper investigates what redress there is for data protection violations under EU law. Fourthly, remedies for data protection violations can also be awarded by European courts.
Thirdly, every type of national court has the jurisdiction to remedy data protection violations (from civil and commercial courts to criminal courts). Secondly, violations can be remedied by Data Protection Authorities (DPAs) that assist individuals and enforce data protection law through the exercise of administrative power. The remedial system in place relies, first of all, on individual initiatives taken by citizens who need to exercise their data protection rights by contacting the data controller or processor first. The right to remedy data protection violations can be exercised in several ways under EU law.
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