Recital (50)

Complainants should be given the possibility to be associated with the proceedings initiated by a supervisory authority with a view to identifying or clarifying issues relating to a potential infringement of Regulation (EU) 2016/679. The fact that a supervisory authority has already initiated an investigation concerning the subject matter of the complaint or will deal with the complaint in an ex officio investigation subsequent to the receipt of the complaint does not bar the qualification of a data subject as complainant. An investigation by a supervisory authority of a possible infringement of Regulation (EU) 2016/679 by a controller or processor is a procedure commenced by a supervisory authority, upon its own initiative or based on a complaint, in fulfilment of its tasks under Article 57(1) of that Regulation. The parties under investigation and the complainant are not in the same procedural situation, and it is essential to safeguard the rights of defence of the party under investigation. The parties under investigation and the complainant can invoke the fundamental right to be heard when the decision adversely affects their legal position.