Challenging Compliance

Definition

The right of individuals to question or contest an organization's compliance with privacy obligations, challenge the accuracy of their personal data, or dispute decisions made about them. This right encompasses multiple aspects: challenging data accuracy through rectification requests, challenging processing through objection rights, challenging automated decisions, and filing complaints with supervisory authorities. Privacy laws establish these mechanisms to ensure organizations remain accountable and individuals have recourse when concerned about data handling. Challenging compliance might involve requesting explanation of processing activities, disputing the lawful basis claimed, questioning security measures, or contesting denial of data subject rights. Organizations should have clear procedures for handling challenges, investigate concerns promptly, respond substantively, and document their handling of challenges. Individuals also have rights to lodge complaints with data protection authorities and pursue judicial remedies.

Applicable Laws & Regulations

  1. 1GDPR Article 77 - Right to lodge complaint with supervisory authority
  2. 2GDPR Article 79 - Right to effective judicial remedy
  3. 3PIPEDA Section 8 - Individual access and challenging compliance

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