Procedural rights – ‘letter’ instead of a decision
Article(s) involved (national, EU, or other):
Some SAs issue advices or informative letters on the outcome of a complaint instead of a decision. The status of such letters is unclear.
The procedural regulation should include formal requirement relating to the outcome of a complaint: they should always be decisions (e.g. the decision should be rendered in writing and be dated + the decision should include a statement according to which the complainant has the right to challenge that decision pursuant to Article 78(1) GDPR within the applicable deadline).
Concept 11 should ensure that there is minimal requirements for “decisions”.