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Judicial remedies

A judicial remedy is the means by which a court of law, usually in civil matters, enforces a right, imposes a penalty, or makes an order to impose its will. 

Remedy against controllers and processors

Article 79(1) of the Applied GDPR gives individuals have the right to go to court to seek a remedy where they consider that their rights have been infringed as a result of the non-compliant processing of their personal data by a controller or processor. This is supplemented by the provisions of Regulation 124 of the Implementing Regulations (Compliance orders) which provides that a court may order a controller or processor to take certain actions for the purposes of securing compliance with the data protection legislation.

The Commissioner cannot take court action on your behalf and it is strongly recommended that you seek advice from a Manx Advocate prior to commencing any action.