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Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) article 40 CELEX: 02008R0767-20231227 Remedies
1. Without prejudice to Articles 77 and 79 of Regulation (EU) 2016/679, any person shall have the right to bring an action or a complaint before the competent authorities or courts of the Member State which refused the right of access to, rectification, completion or erasure of data relating to him or her provided for in Article 38 and Article 39(2) of this Regulation. The right to bring such an action or complaint shall also apply where requests for access to, rectification, completion or erasure were not responded to within the deadlines provided for in Article 38 or were never dealt with by the data controller. 2. The assistance of the supervisory authority referred to in Article 51(1) of Regulation (EU) 2016/679 shall remain available throughout the proceedings. |