Regulators' powers under Article 58: investigatory, corrective, authorisation/advisory
grants the DPAs three types of power: investigatory (Art 58(1)), corrective (Art 58(2)), and authorisation and advisory (Art 58(3)). Investigatory powers give comprehensive access to evidence, documents and premises - including audits and inspections - leaving controllers 'nowhere to hide'. Corrective powers run from warnings to ordering processing to stop. DPAs can also litigate (Art 58(5)), subject to safeguards (Art 58(4)).
| Category | Article | What it covers | Examples |
|---|---|---|---|
| Investigatory | 58(1) | Access to evidence, documents and processing, plus a mechanism to start investigations | Order the provision of information; obtain accountability documents (Arts 24, 25, 28, 30, 33, 35); carry out audits and inspect premises and equipment; notify alleged infringements |
| Corrective | 58(2) | The full spectrum from warning to halting processing | Warnings, reprimands, orders to comply with data subject requests, ban or order processing to stop, order erasure, impose administrative fines |
| Authorisation & advisory | 58(3) | Maps to codes, certification, marks/seals and international transfers | Approve criteria/codes/certification bodies; authorise contractual clauses; approve BCRs; advise parliaments and controllers |
Many see fines as the biggest risk, but being ordered to stop data processing (a corrective power) can be a far more dramatic outcome for a data-centric business. Privileged documents (legal professional privilege; privilege against self-incrimination) are the main limit on investigatory disclosure.
The DPAs have two lines of attack: the written data protection system (policies, records, risk assessments) and the live business operations (via audits and inspections). Article 58(5) gives DPAs power to litigate; Article 58(4) is a safeguards provision protecting those affected by regulatory action.
Key terms - quick answers
What is “Investigatory powers”?
What is “Corrective powers”?
What is “Authorisation and advisory powers”?
Sources and study method
This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.