Brief

Summary

On April 24, 2024, the rules of procedure outline the cooperation and respective roles of national Supervisory Authorities (SAs) and the European Data Protection Board (EDPB) Secretariat regarding the submission of complaints in the redress mechanism available to EU individuals in relation to alleged violations of U.S. law with respect to their data collected by U.S. authorities competent for national security. These rules aim to provide a framework for the submission and handling of complaints, ensuring effective cooperation and protection of individuals' rights in the EU.

24 April 2024

Rules of Procedure on the cooperation and respective roles of national SAs and the EDPB Secretariat regarding the submission of complaints in the redress mechanism available to EU individuals in relation to alleged violations of U.S law with respect to their data collected by U.S. authorities competent for national security

Rules of Procedure
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Summary:

Document Title: Rules of Procedure on the cooperation and respective roles of national SAs and the EDPB Secretariat regarding the submission of complaints in the redress mechanism available to EU individuals in relation to alleged violations of U.S. law with respect to their data collected by U.S. authorities competent for national security

Date: 24 April 2024

Summary:

The document outlines the Rules of Procedure for the cooperation and roles of national Supervisory Authorities (SAs) and the European Data Protection Board (EDPB) Secretariat in handling complaints related to alleged violations of U.S. law regarding the collection of personal data by U.S. authorities competent for national security purposes, under the redress mechanism available to EU individuals.

The Rules of Procedure aim to provide a clear framework for the submission, processing, and resolution of complaints, ensuring a coordinated approach between national SAs and the EDPB Secretariat.

The document consists of several key components:

1. Scope and Application: The Rules of Procedure apply to all EU individuals whose data is collected by U.S. authorities competent for national security purposes, including data collected through the described redress mechanism.
2. Submission of Complaints: EU individuals can submit complaints to their national SA, which will then investigate and decide whether to forward the complaint to the EDPB Secretariat or resolve it independently.
3. Joint Investigation and Processing: If a complaint is forwarded to the EDPB Secretariat, the national SA and EDPB Secretariat will conduct a joint investigation and processing of the complaint to determine whether a violation of U.S. law has occurred.
4. Resolving Complaints: If a violation of U.S. law is found, the EDPB Secretariat will work with the U.S. authorities to resolve the complaint and ensure that any necessary rectification or compensation is provided to the affected EU individual.
5. Role of National SAs and EDPB Secretariat: Both national SAs and the EDPB Secretariat have specific roles and responsibilities in the complaint handling process, including information sharing, cooperation, and decision-making.
6. Timeframes and Deadlines: The document sets out timeframes and deadlines for the submission, processing, and resolution of complaints, to ensure efficiency and effectiveness in the complaint handling process.
7. Confidentiality and Data Protection: The Rules of Procedure emphasize the importance of maintaining confidentiality and adhering to data protection principles throughout the complaint handling process.

The document aims to provide a clear and coordinated approach to handling complaints related to alleged violations of U.S. law regarding the collection of personal data by U.S. authorities competent for national security purposes, promoting transparency, accountability, and effective redress mechanisms for EU individuals.

European Data Protection Board

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