EU: EDPS suggesting collective redress mechanisms for data subjects
Category: NachrichtenBy: M. Schröder - 2B Advice GmbH - the privacy benchmark
The European Data Protection Supervisor (EDPS) is suggesting collective redress mechanisms for persons whose rights were violated by illegal use of their personal data in his statement within the framework of revising the Data Protection Directive 95/46/EC.
The EDPS initially determines in his statement that effective procedural instruments are needed to effectually enforce the data subject’s rights. The EDPS sees a need to catch up in this respect. Too many data subjects did not pursue an enforcing of their rights against the controller, because they were intimidated by costs, time expenditure, imponderables, risks and encumbrances. According to the EDPS, these inhibitions can be significantly reduced with collective redress mechanisms, especially because the costs of redress are not carried by a single individual, but distributed equally among many.
The EDPS expects such a procedure to effectively increase pressure on data controllers to observe data privacy regulations. Experiences with such procedures in other areas speak for this assumption. Should the new regulations contain collective mechanisms or other legal actions, it will lead to a greater awareness for data protection. Lawyers are also considering the EDPS' suggestion to be of interest.
The commission has not made any implementations in any previously published documents regarding this possibility; it may be a suspenseful wait to find out of this suggestion from the EDPS will be found in the first draft of the new regulations.
What do you think: Are collective redress mechanisms an appropriate means for victims to enforce their rights? How high do you consider the danger of such a procedure being misused?
If you are a XING member you can join the discussion at: https://www.xing.com/net/pric17630x/dataprotection-eu/
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