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 consistency mechanism and urgency procedure provided under art.63 & 66 of GDPR.
Consistency Mechanism:
Consistency mechanism has been provided u/art. 63 of GDPR and it states that in order to contribute to the consistent application of GDPR throughout the Union, the supervisory authorities must cooperate with each other and where relevant, with the commission, through the consistency mechanism as set out in this section.
Urgency Procedure:
Procedure for urgency has been provided under art.66 of GDPR and there are certain situations under which concerned supervisory authority can act on the ground of urgency and they are-
- In order to protect the rights and freedoms of data subjects, the supervisory authority concerned can take appropriate actions in cases of urgent needs.
- It can immediately adopt provisional measures intended to produce legal effects on its own territory with a specified period of validity which must not exceed 3 months.
- The supervisory authority must, without delay, communicate those measures and the reasons for for adopting them to the other supervisory authorities concerned, to the Board and to the commission.
- In cases where a supervisory authority has taken measures and considers that final measures urgently need to be appointed, it may request an urgent opinion or an urgent binding decision from the Board, giving reasons for requesting such opinion or decision.
- Any supervisory authority may request an urgent opinion or an urgent binding decision, as the case may be, from the board in case when a competent supervisory authority has not taken an appropriate measure in a situation where it was urgent to act so, in order to protect the rights and freedoms of data subjects, giving reasons for requesting for such opinion or decision, including for the urgent need to act.
- An urgent opinion or an urgent binding decision as referred under article 66 shall be adopted within 2 weeks by a simple majority of the members of the Board.
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