Procedural rights – SAs switching to an ex officio procedure
Article(s) involved (national, EU, or other):
Some SAs are inclined to suspend or put an end to a complaint procedure and simultaneously open an ex officio procedure aimed at resolving broader compliance issue with a specific controller. This deprives the complainant from his/her other procedural rights, including the right to be informed about the status of the case, or to appeal the decision taken by an SA.
The text should made clear that all complaints should be followed by a formal decision, even when a complaint triggers a parallel ex officio procedure.
The proposed draft regulation should ban the practice whereby the opening of an ex officio procedure suspends or puts an end to a complaint procedure, or at least foresee a mechanism by which the start of an ex officio procedure does not frustrate the very purpose of a complaint procedure, i.e. obtaining a “legally attackable act”.