Complaints and applications – forms
One of the most important elements of the Privacy Shield is the mechanism for dealing with complaints of data subjects.
The Privacy Shield Agreement requires American data controllers to provide the opportunity to handle complaints filed in connection with the processing of personal data.
A person whose right to privacy has been violated and who has not been able to explain the matter directly with the controller has the option of lodging a complaint with the national data protection authority (in the case of Poland - to the Personal Data Protection Office). UODO will be able to intervene directly in the US Department of Commerce regarding the failure to fulfill its obligations under the Privacy Shield.
In turn, if anyone has doubts about the processing of his or her personal data by the US intelligence authorities, they can exercise the right to submit an application to the Privacy Shield Ombudsperson.
Privacy Shield Ombudsperson is a new mechanism established under the Privacy Shield to facilitate the consideration and response to requests regarding possible access of US intelligence authorities to personal data transferred from the EU to the US for purposes related to national security.
In order to improve communication and facilitate the process of reporting the rights violation of the data subject, the Article 29 Working Party on Data Protection has created two forms:
A complaint form for business sector entities addressed to EU data protection authorities, which is to facilitate the notification of the data protection authority about a potential breach of personal data or the rights of the data subject by a data controller located in the US,
Application form for the US Privacy Shield Ombudsperson
Forms were created in such a way as to ensure that all data necessary for the analysis of the case is provided to the authority. Using them is not mandatory. Applications can be made in any form, however the most important is to provide the information indicated in them that will allow you to consider the case.
