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10/11/2021 - Latvia: GDPR does not provide a possibility to lodge a complaint in the public interest

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Latvia - GDPR - public interest

On the 7 September 2021, the Administrative Division of the Supreme Court of Latvia adopted a decision in which it held that there is no right to lodge a complaint with the Data Protection Inspectorate by a member of the public in the public interest. In particular, in the view of the Supreme Court, Article 77 of GDPR and the national law on data processing does not foresee a possibility to initiate administrative proceedings for protection against infringements of GDPR through actio popularis, that means that it is not established the subjective right of any person to demand the Inspectorate to investigate a possible infringement. However, the Inspectorate shall investigate the matter if a person lodges a complaint about processing of his or her data by a particular credit institution specified in the complaint.