Op-Ed: “Effective judicial remedy against the competent supervisory authority under the law enforcement directive:  Ligue des droits humains (Vérification du traitement des données par l’autorité de contrôle) (C-333/22)” by Meinhard Schröder

For the second time in just over a year, the Belgian Ligue des droits humains has given its name to an important judgment of the European Court of Justice in the area of data protection law. While the first decision, issued on 21 June 2022 (C-817/19), dealt with the use of passenger name records (PNR) and was of particular importance with regard to the use of AI in public administration, the latest judgment (C-333/22), issued on 16 November 2023, clarifies the scope of legal remedies of a data subject in the context of exercising their rights ‘through the competent supervisory authority’, as provided for by Article 17 of Directive 2016/680, usually known as the ‘law enforcement directive’.

The indirect exercising of the rights of