Exercising your rights with the data controller
You may exercise your rights of access and rectification at any time directly with the data controller (i.e. the organisation that processes your personal data or on whose behalf your personal data is processed) as soon as your data is collected, recorded, used or processed.
You may send your request for information in writing (preferably by registered post). The information disclosure must be provided free of charge by the data controller. The data controller may ask you for additional information necessary to confirm your identity if they have reasonable doubts about it.
File a complaint with the CNPD
If the data controller has not responded to your request to exercise your rights (or if such a complaint proves difficult or impossible given the circumstances), you can contact the CNPD. One of its duties is to process complaints from data subjects.
During the complaint procedure, the CNPD first examines whether a complaint is justified, i.e. it verifies whether the facts alleged by the complainant relating to the processing of personal data are likely to constitute a violation of the applicable data protection legislation. Where the CNPD considers that the disputed data processing does indeed contravene the legislation, it will endeavour to remedy the situation without resorting to the coercive measures available to it under its statutory powers.
The CNPD may prohibit data processing in the event of non-compliance with the law. It may also order the deletion of data and refer the matter to the public prosecutor. Penalties may be imposed in the event of an infringement.
If you wish to lodge a national complaint, we strongly recommend that you use the CNPD's online form. Using this form will speed up the processing of your complaint.
You can also choose to print and fill in the form by hand.
In this case, please send it to the following address:
National Commission for Data Protection
Complaints Department
15, Boulevard du Jazz
L-4370 Belvaux
Information on the processing of personal data
If you have any questions, please contact the CNPD.
Referral to the court
If you are not satisfied by the actions taken by the National Commission, you are still entitled to apply to the court. In this case, it may be necessary to contact a lawyer who can advise you.
Legal action is also essential if you want to claim damages for breach of your rights to privacy.