Inactive Data Protection Authorities

By Thomas Vink, 14th December 2022

noyb is taking litigation against the Luxembourg data protection authority (CNPD), challenging the inactivity of the CNPD in response to a complaint filed against Amazon back in 2019. noyb argues that the lack of follow up on the complaint entails a breach of the complainant’s personal data protection rights as well as the right to obtain a decision within a reasonable time. noyb argues that, under the EU Charter of Fundamental Rights as well as EU law, the CNPD should be forced to disclose the contents of the investigation file and to decide on the data subject’s complaint as soon as possible. The case will go through the Luxembourg courts, with a possible referral to the Court of Justice of the European Union.

 

This legal action is part of a wider strategic litigation plan initiated by noyb against the inactivity of certain data protection authorities, with similar cases already being taken by noyb in Sweden, Ireland, and other Member States.

Inactive Data Protection Authorities

Organisation Name

noyb – Europäisches Zentrum für digitale Rechte

Country/Jurisdiction

Luxembourg

Amount Granted

EUR 21,803

Current Status

Ongoing

Grant type

Litigation Track Support

Description

noyb is taking litigation against the Luxembourg data protection authority (CNPD), challenging the inactivity of the CNPD in response to a complaint filed against Amazon back in 2019. noyb argues that the lack of follow up on the complaint entails a breach of the complainant’s personal data protection rights as well as the right to obtain a decision within a reasonable time. noyb argues that, under the EU Charter of Fundamental Rights as well as EU law, the CNPD should be forced to disclose the contents of the investigation file and to decide on the data subject’s complaint as soon as possible. The case will go through the Luxembourg courts, with a possible referral to the Court of Justice of the European Union.

This legal action is part of a wider strategic litigation plan initiated by noyb against the inactivity of certain data protection authorities, with similar cases already being taken by noyb in Sweden, Ireland, and other Member States.

"the lack of follow up on the complaint entails a breach of the complainant's personal data protection rights as well as the right to obtain a decision within a reasonable time"

Strategic Goal

Data protection authorities, particularly lead supervisory authorities, act upon complaints within a defined timeframe, and are more transparent and accountable.

Organisation Name

Women’s Link Worldwide

Image credit: noyb