A/79/173
for the exercise of a right; the types of possible response; the medium of the response;
the deadline for responding; whether the procedure is free of charge; and, if a rights
request is refused, the duty to inform the data subject of the possibility of su bmitting
a complaint to an administrative or judicial authority;
(e) In respect of administrative remedies, which data subjects may pursue if
the data controller fails or refuses to protect their rights, there is a degree of regulatory
convergence. The laws of certain countries include specific provisions on the
submission of complaints free of charge; on time limits for the resolution of procedures;
and on the possibility of referral to alternative dispute resolution mechanisms;
(f) In all of the laws considered, provision is made for administrative
measures to protect the claimed right, some of which are intended to prevent the
continuation of the infringement or repetition of the conduct;
(g) Certain laws clearly establish the possibility of appealing against the
decisions of the supervisory authority before a higher administrative body and the
possibility of challenging the decisions of the supervisory authority before the courts
in accordance with the right to effective judicial protection;
(h) In some countries, the law gives data subjects the option of whether to turn
to the administrative supervisory authority or to directly approach the competent
judicial body in order to seek a remedy for the protection of personal data that the
data controller has refused or failed to protect;
(i) The five countries covered by the analysis regulate, to a greater or lesser
extent, aspects of the redress that may be sought by data subjects who have suffered
damage or loss as a result of a breach of data protection and privacy legislation. 24
33.
In her main recommendations, the Special Rapporteur urged States to:
(a) Establish and bring up to date appropriate legal frameworks, on a
multidisciplinary basis and with the support of all stakeholders, in particular through
the adoption of laws and regulations that provide accessible and appropriate remedies
for the effective protection, reparation and restitution of the right to personal data
protection, including compensation for damage caused by violations of the relevant
laws and regulations;
(b) Acting in a sovereign capacity, identify and consider adopting aspects of
other countries’ data protection and privacy legislation that may offer stronger
guarantees for the effective realization of these rights in the digital age;
(c) Promote and foster human rights information and education, particularly
in the area of personal data protection and privacy, as a matter of priority, at all levels
and in all fields, so that data subjects are aware of, understand and can exercise their
rights and, if necessary, can avail themselves of remedies to ensure their effective
enjoyment. 25
34. In 2022, the Special Rapporteur submitted a report on the implementation of the
principles of purpose limitation, deletion of data and demonstrated or proactive
accountability in the processing of personal data collected by public entities in the
context of the COVID-19 pandemic, 26 with a view to determining what had happened
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24
25
26
24-13146
Ibid., para. 123.
Ibid., para. 124.
“Implementation of the principles of purpose limitation, deletion of data and demonstrated or
proactive accountability in the processing of personal data collected by public entities in the
context of the COVID-19 pandemic”, report of the Special Rapporteur on the right to privacy
(A/HRC/52/37, 27 December 2022).
11/23