EDPS Complaint Against Europol — Legal Support

The European Data Protection Supervisor (EDPS) is the independent supervisory authority responsible for overseeing data processing by EU institutions, bodies, and agencies — including Europol. Where Europol fails to comply with Regulation (EU) 2018/1725 (the data protection rules for EU institutions), individuals affected can submit a formal complaint to the EDPS.

EDPS complaints are a powerful tool when:

• Europol failed to respond to an access request within the statutory period
• Europol refused access or deletion without adequate legal justification
• Europol transferred your data to third countries (such as Russia, Turkey, or the UAE) in breach of data protection rules
• Europol continued to process your data after the legal basis for processing had expired
• Europol’s internal complaints procedure produced an unsatisfactory outcome

The EDPS has the power to investigate Europol, issue binding decisions, and order corrective measures including data deletion or rectification.

The EDPS complaint process involves several steps:

1. Exhaust internal remedies: Before the EDPS will accept a complaint, you must have already submitted a data request or complaint directly to Europol and received an unsatisfactory response (or no response within the statutory period).
2. Prepare the complaint: The complaint must clearly identify the data processing activity at issue, the legal grounds for the complaint, and the remedy sought. Supporting documents (including correspondence with Europol) should be attached.
3. Submit to the EDPS: Complaints can be submitted via the EDPS online portal or in writing. The EDPS will assess admissibility before beginning an investigation.
4. Investigation: The EDPS may request information from Europol, conduct interviews, or request access to records. This process typically takes 6 to 18 months.
5. Decision: The EDPS issues a decision that may include a finding of infringement, an order for corrective measures, or closure of the complaint.

Our lawyers can prepare a compelling EDPS complaint on your behalf, advise on the strongest legal arguments, and correspond with the EDPS throughout the process.

In some cases, an EDPS complaint is only one part of a broader legal strategy. If the EDPS fails to act on your complaint or issues an unsatisfactory decision, you may have the right to bring proceedings before the Court of Justice of the European Union (CJEU). Our team has experience in both EDPS complaint proceedings and CJEU litigation against Europol.

CJEU litigation may be appropriate where:

• The EDPS failed to act within a reasonable time on your complaint
• The EDPS issued a decision that you believe is legally incorrect
• You seek damages for harm caused by unlawful Europol data processing (Article 340 TFEU)

We advise on the full range of Europol data protection remedies, from initial access requests through to CJEU proceedings. Contact us for a free case assessment: +357 96 447475.

Who can file an EDPS complaint against Europol?
Any individual whose personal data is (or may be) processed by Europol can file an EDPS complaint. This includes individuals who are subjects of Europol criminal intelligence files as well as those who are collateral contacts or associates.

Does the EDPS have real power over Europol?
Yes. The EDPS has binding supervisory authority over Europol under EU law. Europol is legally required to comply with EDPS decisions. EDPS enforcement actions have resulted in actual data deletion and policy changes at Europol.

How is an EDPS complaint different from an INTERPOL CCF complaint?
The EDPS oversees Europol (an EU law enforcement agency). The CCF oversees INTERPOL (a global organisation). If your data appears in both INTERPOL and Europol systems, you may need to pursue parallel complaints in both forums.

What information do I need to provide?
At a minimum: your identity, a description of the Europol data processing you are challenging, the legal basis for your complaint, and copies of any prior correspondence with Europol. Our lawyers will guide you on the specific evidence needed for your case.