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What if a public administration fails to comply with the data protection rules?

Answer

The Data Protection Authorities have different tools at their disposal in cases of non-compliance. In the case of a likely infringement, a warning may be issued. In the case of an infringement, the possibilities include: a reprimand or a temporary or definitive ban on the processing. In some countries, public bodies may also be subject to administrative fines. A public administration should check the national data protection law in its country.

Individuals can claim compensation where a public body is in breach of the GDPR and they have suffered material damages, for example financial loss, or non-material damages, for example reputational loss or psychological distress. The GDPR ensures that they will be provided with compensation, regardless of the number of organisations involved in the processing of their data. Compensation can be claimed directly from the public body or before the competent national courts of the EU Member State concerned.