In the context of personal data protection, it is essential to know how to exercise your rights under the GDPR and file a complaint when you believe they have been violated. The National Supervisory Authority for Personal Data Processing (ANSPDCP) is the institution responsible for resolving these complaints in Romania.
Here are the steps you need to follow to file an effective complaint:
1. Identifying the problem
The first step is to clearly identify the situation related to the processing of your personal data. It is very important to ensure that your situation falls within the competence of ANSPDCP, which means it involves the improper processing of personal data by an entity (e.g., a company, a public institution, etc.).
2. Preparing the documents
The complaint must be accompanied by relevant documents and information supporting it. These may include:
– Correspondence (emails, letters) with the complained entity – before addressing ANSPDCP, you should preliminarily address the entity responsible for the violation of your rights;
– Contracts or agreements involving the processing of your data;
– Notifications or other documents demonstrating the violation of your rights.
3. Filling out the complaint form
ANSPDCP provides a complaint form that must be completed in Romanian. The form can be downloaded from the ANSPDCP website or completed online.
The form must include the following information:
– Contact details of the petitioner – name, surname, postal address of residence or domicile;
– Details about the complained entity – name, address, contact details;
– Contact details of the petitioner’s representative (if applicable) – name and surname/name, postal address of correspondence/headquarters, email address, phone number, registration number in the register of associations and foundations;
– Detailed specification of the subject of the complaint, the actions taken by the petitioner at the level of the complained operator or the complained authorized person;
– Any relevant documents supporting the complaint.
4. Methods of submitting the complaint
– In person: At the general registry at ANSPDCP headquarters;
– By mail: To the ANSPDCP address (Bd. G-Ral Gheorghe Magheru, Nr. 28-30, Sector 1, Bucharest, Romania, Postal code: 010336);
– By email: To the official ANSPDCP address (anspdcp@dataprotection.ro);
– Online: Through the electronic form available on the ANSPDCP website (web form).
5. Confirmation of receipt
After submitting the complaint, you will receive a confirmation of receipt from ANSPDCP. This will include a registration number that you can use to track the status of your complaint.
6. Complaint analysis and resolution
ANSPDCP will analyze the complaint and take the necessary measures to resolve it. ANSPDCP will also inform the data subject about the progress or outcome of the investigation within three months from the date it was communicated that the complaint is admissible. The process may include:
– Requesting additional information;
– Detailed investigation of the incident;
– Issuing a decision and, if applicable, applying sanctions to the complained entity.
7. Communication of results
You will be informed about the result of the investigation and the measures taken by ANSPDCP to resolve your complaint within 45 days of its completion. This communication will include details about the decision made and, if applicable, the sanctions applied.
8. Possibility of appeal
If you are not satisfied with the ANSPDCP decision, you have the right to appeal this decision in court. Details on how to do this will be included in the official communication received from ANSPDCP.
Filing a complaint with ANSPDCP is an essential process for protecting your fundamental rights in the context of personal data processing. It is important to be informed and act accordingly when you believe your rights have been violated. Thus, you can contribute to improving data processing practices and creating a safer and more transparent environment for all citizens.
For further information or any additional inquiries, please do not hesitate to contact us:
➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Raluca Rășcanu – Attorney at Law
