Contradictory decisions on admissibility

Article(s) involved (national, EU, or other): Article 78(2) and 79(2) GDPR

Problem

Once the CSA have assessed the admissibility of a complaint, some LSAs make a contradictory assessment and reject the complaint.

Ideal Solution

The provision should specify that a LSA cannot consider inadmissible a complaint that has already been recognised admissible in another Member State by a CSA.

Proposed Solution

Concept 2 would allow to ensure that the national law of the filing SA is relevant for any rules on the admissability of the law and other SAs may not review the admissability a second time.

Reference to EDPB documents / table:

The EDPB internal document 06/2020 clearly states that “the complaint has to fulfil formal conditions of the MS where it was lodged. Thus, if deemed admissible there, the LSA shall not re-examine the admissibility of the complaint” and cannot reject it. See para. 16-17.