In continuation to our last post we will discuss the provisions contained under chapter 7 of GDPR related to cooperation and consistency. So in today’s article we will discuss the provisions related to joint operations of supervisory authorities provided under art.62 of GDPR.
Joint Operations of supervisory authorities:
- The supervisory authorities must, when appropriate, conduct joint operations including joint investigations and enforcement measures in which members or staff of the supervisory authorities of other member states are involved.
- Where the controller or processor has several establishments in numerous member states or where a significant number of data subjects in more than one member states are likely to be substantially affected by processing operations, a supervisory authority of each of those Member states shall have the right to participate in joint operations. The Supervisory authority which is competent must invite the supervisory authority of each of those member states to take part in the joint operations and must respond without delay to the request of a supervisory authority to participate.
- A supervisory authority may as per the member state law, and with the seconding supervisory authority’s authorization confer powers such as investigative power of the on the seconding supervisory authority’s member or staff involved in joint operations or, in so far as the law of the member state of the host supervisory authority permits, allow the seconding supervisory authority’s member or staff to exercise their investigative power in accordance with the law of the member state of the seconding supervisory authority. Such investigative powers may be exercised only under the guidance and in the presence of members or staff to the host supervisory authority. The seconding supervisory authority’s members or staff shall be the subject to the member state laws of the host supervisory authority.
- Where, staff of a seconding supervisory authority operate in another member state, the member state of the host supervisory authority shall assume responsibility of their actions including liability, for any damage caused by them during their operations, in accordance with the law of the member state in whose territory they are operating.
- The member state in whose territory the damage was caused shall make good to such damage under the conditions applicable to damage caused by its own staff. The member state of the seconding supervisory authority whose staff has caused damage to any person in the territory of another of another Member state shall reimburse the other member state in and full any sums it has paid to the persons entitled on their behalf.
- Where a joint operation is intended and a supervisory authority does not, within one month, comply with the obligation laid down in article 62 (para 2 second sentence), the other supervisory authorities may adopt a provisional measure on the territory of its Member states in accordance with article 55.
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