# C_2022326EN.01000702.xml

| 29.8.2022 | EN | Official Journal of the European Union | C 326/7 |
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29.8.2022

EN

Official Journal of the European Union

C 326/7

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Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 20 May 2022 — Ligue des droits humains ASBL, BA v L’organe de contrôle de l’information policière

(Case C-333/22)

(2022/C 326/11)

Language of the case: French

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings

Appellants: Ligue des droits humains ASBL, BA

Respondent: L’organe de contrôle de l’information policière

Questions referred

| 1. | Do Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union require provision to be made for a judicial remedy against an independent supervisory authority such as the Supervisory Body for Police Information where it exercises the rights of the data subject vis-à-vis the controller? |
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1.

Do Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union require provision to be made for a judicial remedy against an independent supervisory authority such as the Supervisory Body for Police Information where it exercises the rights of the data subject vis-à-vis the controller?

| 2. | Does Article 17 of Directive 2016/680 (1) comply with Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union, as interpreted by the Court of Justice, in that it obliges the supervisory authority — which exercises the rights of the data subject vis-à-vis the controller — only to inform the data subject ‘that all necessary verifications or a review by the supervisory authority have taken place’ and ‘of his or her right to seek a judicial remedy’, when such information does not enable any a posteriori review to be conducted as regards the action taken and assessment made by the supervisory authority in the light of the data of the data subject and the obligations of the controller? |
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2.

Does Article 17 of Directive 2016/680 (1) comply with Articles 47 and 8(3) of the Charter of Fundamental Rights of the European Union, as interpreted by the Court of Justice, in that it obliges the supervisory authority — which exercises the rights of the data subject vis-à-vis the controller — only to inform the data subject ‘that all necessary verifications or a review by the supervisory authority have taken place’ and ‘of his or her right to seek a judicial remedy’, when such information does not enable any a posteriori review to be conducted as regards the action taken and assessment made by the supervisory authority in the light of the data of the data subject and the obligations of the controller?

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(1)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ 2016 L 119, p. 89).

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