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Article 31a (complaint to Autoriteit persoonsgegevens)

  • 1

    Without prejudice to existing remedies, any data subject shall have the right to lodge a complaint with the Autoriteit persoonsgegevens Authority if the data subject believes that the processing of personal data concerning him or her is not in compliance with the provisions of or pursuant to this Act.

  • 2

    Where the Autoriteit persoonsgegevens Authority is not competent under Article 35(1), it shall without undue delay forward the complaint to the authority in another Member State of the European Union competent to exercise the supervision referred to in Article 35(1). The data subject shall be informed of the transmission.

  • 3

    At the request of the data subject, the Autoriteit persoonsgegevens Authority shall provide further assistance.

  • 4

    The Autoriteit persoonsgegevens facilitates the filing of complaints by taking measures such as making available a complaint form that can also be completed electronically, without excluding other means of communication.

  • 5

    The Autoriteit persoonsgegevens shall make a decision on a complaint referred to in the first paragraph within three months. A decision on a complaint counts as a decision within the meaning of the General Administrative Law Act.

  • 6

    In the case of a manifestly unfounded or excessive complaint, particularly because of the small intervals between complaints, the Autoriteit persoonsgegevens Authority may refuse to act on the complaint.

Information valid on 01-01-2020

Regulations based on this article (delegated regulations)

  1. Policy rules prioritizing complaint investigation AP

Policies and circulars that have this article as legal authority

No

Articles or similar text referring to this article

  1. Decree mandate, power of attorney and authorization Autoriteit Persoonsgegevens
    article: 3

  2. Law on use of passenger data to combat terrorist and serious crimes
    Article: 17

  3. Police Data Act
    article: 35b, 36c

  4. Money Laundering and Terrorist Financing Prevention Act
    section: 14

Summary of changes for this article

(01-01-2020)

Origination source

Entry into force

Effective date

Retroactivity

Subject

Signature

Announcement

Chamber documents

Signature

Announcement

Note

2019

new

2018

Stb. 2018, 401

34889

2018

Stb. 2018, 495