In continuation to our last post we will begin with the remaining powers which the Supervisory authority has under article 58 of GDPR.
C) Authorisation Powers
D) Advisory Powers
C) Authorisation Powers:
The corrective powers of the Supervisory Authorities includes the followings-
- Authorising processing as referred under article 36(5), if the law of the member state require such prior authorisation;
- Authorising contractual clauses referred to in article 46 (3) (a);
- Authorising administrative arrangements referred to in article 46 (3) (b);
D) Advisory Powers:
The corrective powers of the Supervisory Authorities includes the followings-
- Advising the controller in accordance with the prior consultation procedure referred to in article 36;
- Issuing, on its own initiative or on request, opinion to the national parliament, the Member state government or, in accordance with Member state government or, in accordance with Member state law, to other institutions and bodies as well as to the public or any issue related to the protection of personal data;
- Issuing an opinion and approve draft codes of conduct as per article 40(5);
- To accredit certification bodies pursuant to Article 43;
- Issuing certification and approve criteria of certification in accordance with article 42 (5);
- Adapting the standard data protection clauses referred to in Article 28(8) and in point (d) of Article 46(2);
The powers conferred upon the supervisory authority can be exercised pursuant to article 58 and shall be subject to appropriate safeguards, including effective judicial remedy and due process, set out in Union and member state law in accordance with the charter.
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