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GDPR-PR

GDPR-PR Article 24. Administrative file

  • 1.
    The administrative file in an investigation concerning an alleged infringement of Regulation (EU) 2016/679 shall consist of the documents which have been obtained or produced by the lead supervisory authority and the other supervisory authorities concerned and assembled by the lead supervisory authority during the investigation procedure, including all inculpatory and exculpatory evidence. The administrative file shall not include internal communications within a supervisory authority.
  • 2.
    Upon request of a party under investigation, or a complainant where the decision is liable to affect his or her interests adversely, the lead supervisory authority shall grant access to the administrative file to the parties under investigation, or the complainant, enabling them to exercise their right to be heard. The first subparagraph shall be without prejudice to more favourable rules on granting access to the administrative file under the national law of the lead supervisory authority. Where access is granted in accordance with the first subparagraph, the party under investigation shall be provided with such access by the lead supervisory authority, while the complainant shall be provided with such access by the supervisory authority with which the complaint has been lodged.
  • 3.
    The following documents or parts of the following documents shall be excluded from access, notwithstanding whether access is granted under Union or national law:
    • (a)
      correspondence or deliberations between the supervisory authorities;
    • (b)
      confidential information pursuant to Article 25(1).
  • 4.
    The lead supervisory authority shall grant access to relevant and reasoned objections submitted pursuant to Article 60(4) of Regulation (EU) 2016/679 on the basis of which that supervisory authority intends to adopt a revised draft decision only where such access is necessary to enable the parties under investigation or the complainant to make their views known and defend their rights.

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