50. Could Chapter V be used by governments in a way that puts citizens’ fundamental rights in danger?

The co-legislators have carefully drafted the text of Chapter V of the Data Act to limit the possibility for public sector bodies to put the rights of the citizens and companies at risk, even unintentionally. Specific provisions ensure that the need to request data justified by an exceptional need cannot in any way lower the protection of personal data or of trade secrets. These provisions primarily include Article 17 with a detailed list of requirements for a valid request, as well as Articles 18(4), 19(1)(b) and 19(3)-(4). Any alleged infringement of the provisions of Chapter V of the Data Act can be brought to the relevant courts or to the competent authority of the Member State in which the data holder is established.