New Complaint Presentation Models
This week, it was published in the State official newsletter the resolution of June 29, 2023, of the Directorate of the Spanish Data Protection Agency, which approves the complaint submission models. Why are these Models approved? Well, this is due to several issues;
- Update of Organic Law 3/2018 on Data Protection and guarantee of Digital Rights. Through the publication in the Official State Gazette of Law 11/2023 (https://www.boe.es/boe/dias/2023/05/09/pdfs/BOE-A-2023-11022.pdf) a series of modifications were made to LO 3/2018, which incorporated certain articles relating to different issues, one of them was the possibility of establishing models for submitting claims to the Spanish Data Protection Agency. These models, as already advanced by the Control Authority itself, once the legislation was modified, would be published in the BOE and in the electronic headquarters of the Control Authority. With this regulatory modification, a Additional provision vigandthird chasm relative to the claims presentation models where it was established;
“The Spanish Data Protection Agency may establish models for submitting complaints to it in all areas in which it isThis has jurisdiction, which will be mandatory for interested parties regardless of whether it isandn obligated or not to interact electronically with public administrationswars.
The models will be published in the »Official State Gazette» and in the Electronic Headquarters of the Spanish Data Protection Agency and will be mandatory one month after their publication in the »Official State Gazette.».
- Adoption of a Model by the European Data Protection Committee. On June 21, the European Union Control Authority adopted a complaint form template to facilitate the submission of complaints by individuals and the subsequent processing of complaints by data protection authorities (DPA) in cross-border cases. The template takes into account differences between national laws and practices. The Supervisory Authorities will use it on a voluntary basis and may adapt it to their respective national requirements. The template can be used both for cases where the complaint is filed by the person personally and for cases where the complaint is filed by another person, namely a legal representative, an entity acting on behalf of the person or an entity that acts on its own initiative. The European Data Protection Board developed an acknowledgment template which aims to provide the complainant with general information on the next steps after the submission of the complaint and highlights the right to an effective judicial remedy against a legally binding decision of a data protection authority.
All these Complaint Submission Models, approved and published by both the Spanish Data Protection Agency and the European Data Protection Committee They are aimed at making it easier for interested parties to file claims in different areas., whether in Spain or, for example, in another Control Authority where the person responsible or in charge of the treatment is located.
Seven complaint models
The resolution published by the AEPD in the BOE contemplates up to seven complaint models, which are described as follows:
- General claim model.
- Specific model of claim for failure by the data controller to exercise a request to exercise the rights established in articles 15 to 22 of the RGPD: access, rectification, deletion (forgetfulness), limitation, portability, opposition and automated decisions
- Specific claim form for receiving unwanted direct advertising.
- Specific claim model for the installation of video surveillance devices.
- Specific claim model for certain non-compliance in the processing of personal data linked to debts.
- Specific priority channel claim model.
- Specific claim model for violation of personal data security.
the claims They will preferably be presented electronically, necessarily completing the claim form accessible at the electronic headquarters of the Spanish Data Protection Agency, from the moment it is available. If the claim does not meet the requirements established in the established model, it will not take effect and will be communicated to the interested party, requiring them to, if applicable, present a new claim adjusted to said requirements, the date of entry of the latter being which will be taken into consideration for the purposes provided for in article 65 of Organic Law 3/2018.
As previously indicated, a general standardized complaint model and six specific models referring to different personal data processing are established. The general model should be used exclusively to make a claim relating to a treatment for which a specific model has not been approved.
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