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Regulation (EU) 2016/794 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

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Article 42Supervision by the national supervisory authority

1.Each Member State shall designate a national supervisory authority. The national supervisory authority shall have the task of monitoring independently, in accordance with its national law, the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member State concerned, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For that purpose, the national supervisory authority shall have access, at the national unit or at the liaison officers' premises, to data submitted by its Member State to Europol in accordance with the relevant national procedures and to logs and documentation as referred to in Article 40.

2.For the purpose of exercising their supervisory function, national supervisory authorities shall have access to the offices and documents of their respective liaison officers at Europol.

3.National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of national units and the activities of liaison officers, insofar as such activities are relevant to the protection of personal data. They shall also keep the EDPS informed of any actions they take with respect to Europol.

4.Any person shall have the right to request the national supervisory authority to verify the legality of any transfer or communication to Europol of data concerning him or her in any form and of access to those data by the Member State concerned. That right shall be exercised in accordance with the national law of the Member State in which the request is made.

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