35 71.
Finally, the PDD sets out at s. 9 the “next steps”. At para. 9.10, it is stated that the
PDD involves “a preliminary view only and is subject to such submissions as FBI may make”. The PDD invited submissions from FBI within 21 days (i.e. by 5.00pm on 18th September, 2020) (para. 9.2). Paragraph 9.3 states that the DPC will “carefully consider FBI’s submissions” and issue a “draft decision” pursuant to Article 60(3) of the GDPR. Reference is then made in the following paragraphs (paras. 9.4 to 9.11) to the process under Article 60 of the GDPR which requires the DPC to circulate a draft decision to other supervisory authorities concerned by the processing of personal data (within the meaning of Article 4(22) of the GDPR) for their opinion and to take due account of their views. 8. Correspondence Post the DPC’s 28 August 2020 Letter and PDD 72.
Immediately on receipt of the DPC’s letter of 28th August, 2020 and the PDD, MHC
sent an email to the DPC that same day raising an issue concerning the confidentiality of material relating to FBI held by the DPC. FBI was concerned to ascertain what information the DPC intended to provide, or had already provided, to Mr. Schrems. The DPC replied on 31st August, 2020. In that letter, the DPC stated that the PDD had not been shared with Mr. Schrems or with the organisation in which he is involved and that it was not intended to share the document with them. However, it was stated that as the inquiry was “clearly relevant” to the DPC’s ongoing consideration of Mr. Schrems’ reformulated complaint, Mr. Schrems had been notified of a number of “basic matters”, namely:“-
The fact of the present inquiry and the issues now under examination;
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The fact that the [DPC’s] preliminary views have been put to [FBI], and that [FBI] has been invited to make submissions within a defined time period of 21 days; and,
