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> I said "judges" because I understand them to be the final authority, since the regulator's number can be appealed. If that's wrong, then substitute whatever p
by stordoff 9y ago
> I said "judges" because I understand them to be the final authority, since the regulator's number can be appealed. If that's wrong, then substitute whatever party does make the final decision.
The precise mechanism isn't defined in the GDPR, but I suspect it'll operate similar to judicial review - a court can determine that a reasonable decision was made by the authority, and thus allow the fine as is, or they can determine the authority acted unreasonably or did not take into account the proper factors, and thus quash the decision and order it to be remade. I'd be somewhat surprised if the courts were directly setting fines.
- tripletao 9y agoThat's what I'd understood, and I'd then still consider the court's judgment to be what matters--if I pick the number, but you can tell me to pick again until you're happy, then the power to pick the number lies with you. I guess "impose" would have been better than "assess". Aside: What's with all the downvotes? Your comment seems fine to me, as do many others in this thread. It seems like any discussion of the mechanics of enforcement gets a nasty response here, as if the only people who should care about that are criminals. The GDPR might be the perfect legislation with which to erode civil liberties, since the people who would normally jump on such arguments will be on your side... Or is there another reason?