If a data subject puts a complaint before a DPA and receives no information about its progress or outcome, how long does the data subject have to wait before taking action in the courts?
If a data subject puts a complaint before a DPA and receives no information about its progress or outcome, how long does the data subject have to wait before taking action in the courts?
A data subject must wait for 3 months before taking action in the courts if they receive no information about the progress or outcome of their complaint lodged before a Data Protection Authority. This is based on Article 78, which stipulates that data subjects have the right to an effective judicial remedy if the supervisory authority does not handle a complaint or inform them within three months.
B is correct
Article 78 Without prejudice to any other administrative or non-judicial remedy, each data subject shall have the right to an effective judicial remedy where the supervisory authority which is competent pursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged pursuant to Article 77
3 months