Lower Saxony data protection authority seeks prosecutor-like powers in fine proceedings (heise.de)
0xBASE INTEL BRIEF
- LfD Lower Saxony wants public prosecutor rights in GDPR fine cases.
- Current law sidelines the authority after an appeal; competition law is cited as model.
- Recent case: notebooksbilliger.de fine reduced from €10.4M to €900k.
"The Lower Saxony data protection authority (LfD) proposes that it be granted the same rights as a public prosecutor in fine proceedings, to maintain control after an appeal. Modeled on competition law, the change would allow the authority to represent itself in court and file appeals. The proposal follows cases where GDPR fines were drastically reduced, such as notebooksbilliger.de (from €10.4 million to €900,000). The state government is urged to push for a legislative amendment in the Bundesrat."
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