Procedure for full or partial rejection or dismissal of a complaint within the meaning of Article 60(8) and (9) of Regulation (EU) 2016/679
Article 16
1. Where the lead supervisory authority intends to fully or partially reject or dismiss a complaint, it shall, prior to submitting a draft decision pursuant to Article 60(3) of Regulation (EU) 2016/679, provide the supervisory authority with which the complaint has been lodged with the reasons for its preliminary view that the complaint is to be fully or partially rejected or dismissed. The supervisory authority with which the complaint has been lodged shall inform the complainant of the reasons for the preliminary view referred to in the first subparagraph, provide the complainant with the opportunity to make his or her views known in writing and inform the complainant of the consequences of not making his or her views known. The lead supervisory authority shall set an appropriate time limit for the complainant to make his or her views known. That time limit shall be no shorter than three weeks and no longer than six weeks. 2. The supervisory authority with which the complaint has been lodged shall transmit any views made known by the complainant to the lead supervisory authority, as soon as possible and no later than one week from when they become available. 3. Where the views made known by the complainant in accordance with paragraph 1 of this Article do not lead to a change of the preliminary view referred to in paragraph 1, first subparagraph of this Article, the lead supervisory authority, in cooperation with the supervisory authority with which the complaint has been lodged, shall prepare a draft decision and submit it to the other supervisory authorities concerned, in accordance with Article 60(3) of Regulation (EU) 2016/679. 4. Where the draft decision submitted pursuant to paragraph 3 concludes that the complaint is to be partially rejected or dismissed, the lead supervisory authority shall continue its investigation in cooperation with the other supervisory authorities concerned on the part of the complaint which remains to be investigated.