Effective procedure – final decision: violation found but no action taken

Article(s) involved (national, EU, or other):

Problem

Some SAs adopt a decision in which they confirm that a violation took place but still do not take any action.

Ideal Solution

The text should provide the obligation for SA to adopt a corrective measure when a violation is found, or justify why it did not adopt any (e.g. the violation has already stopped). If it fails to do so, there could be a presumption that the SA did not respect its obligation to handle the complaint with due care (cf. above, section III, “Holding SA accountable”). Such decision would be subject to judicial review.

Proposed Solution

While Concepts 11 and 13 may help in this regard, it seems that current non-enforcement is more a matter of practice than law.

Reference to specific noyb cases:

Noyb recveived numerous reports regarding such “outcome letters” from the DPC, confirming that a violation of the GDPR took place, but inviting the complainant to go to court to enforce their rights.