What are the 3 rights under GDPR?

What is GDPR?

The General Data Protection Regulation (GDPR) is a comprehensive data protection law that was implemented by the European Union (EU) in 2018. Designed to update and strengthen privacy laws in the digital age, GDPR aims to protect the fundamental rights and freedoms of individuals with regard to their personal data. It establishes a set of strict rules and obligations that organizations must abide by when collecting, processing, and storing personal data. Under GDPR, individuals are granted a range of rights to control how their data is used and to ensure their privacy is protected. In this article, we will explore the three key rights that individuals have under GDPR: the right to access, the right to rectification, and the right to erasure.

What are the 3 rights under GDPR?

Under GDPR, individuals have three fundamental rights concerning their personal data: access rights, rectification rights, and erasure rights.

Access rights, also known as the right to information, grant individuals the ability to obtain confirmation of whether or not their personal data is being processed and access to that data. This right allows individuals to be aware of and verify the lawfulness of the processing.

Rectification rights enable individuals to amend any inaccuracies or incomplete personal data held about them. If individuals discover errors, they have the right to have the data rectified without undue delay.

Erasure rights, also referred to as the right to be forgotten, permit individuals to request the deletion or removal of their personal data. They can exercise this right if the data is no longer necessary, they withdraw consent, or there are no legitimate grounds for its processing.

These rights are granted to data subjects under the EU Charter of Fundamental Rights. To exercise these rights, individuals can submit a written request to the organization that holds their data. Organizations are required to respond within a reasonable period, usually within one month, and without charging a fee. Exceptions to these rights may apply in certain circumstances, such as when there is a legal requirement for data retention or when the data is being processed for scientific, historical, or statistical purposes.

Right to access

The right to access is one of the key rights granted under the General Data Protection Regulation (GDPR). This right allows individuals to obtain confirmation of whether or not their personal data is being processed and to access that data. Individuals have the right to be aware of and verify the lawfulness of the processing of their data. They can request a copy of their personal data and information about how it is being used. This right enables individuals to have control over their personal information and ensure that it is being handled in a transparent and accountable manner. To exercise this right, individuals can submit a written request to the organization that holds their data, and the organization is required to respond within a reasonable period, usually within one month. Exceptions to this right may apply in certain circumstances, such as when there is a legal requirement for data retention or when the data is being processed for scientific, historical, or statistical purposes.

Who is entitled to access rights?

Under the General Data Protection Regulation (GDPR), individuals have the right to access their personal data held by organizations. This right is applicable to all individuals, regardless of their nationality or residence.

Access rights allow individuals to obtain confirmation as to whether or not their personal data is being processed, as well as to access and request copies of such data. These rights extend to both electronic and paper files, and the information must be provided in a concise, transparent, and easily understandable format.

The right to access personal data can be exercised by individuals or entities that are the data subjects themselves. This includes customers, employees, patients, and any other individual whose personal data is being processed by an organization.

There are certain criteria or conditions that determine who can exercise access rights. The individual must provide sufficient information to verify their identity and may be required to provide additional details to help locate the specific personal data being requested. Additionally, organizations may have the right to refuse a request if it is deemed to be excessive or unfounded, considering factors such as administrative costs or the resources required to fulfill the request.

How to exercise access rights?

To exercise access rights under GDPR, individuals can make a data subject access request (DSAR). Here are the steps to follow in order to exercise access rights and request a copy of personal data:

1. Submit a written request: Individuals need to submit a written request to the organization that is processing their personal data. The request should clearly state that it is a data subject access request under GDPR.
2. Provide necessary information: Individuals should provide sufficient information to verify their identity. This may include personal details such as full name, contact information, and any relevant identification numbers or employee/customer/patient numbers.
3. Specify the personal data requested: Individuals should clearly specify the personal data they are requesting access to. This can include specific documents, emails, records, or any other relevant information that they wish to obtain.
4. Follow the organization's procedures: It is important to follow the procedures set out by the organization for making a DSAR. This may involve completing a specific form or providing additional documentation.
5. Await response: The organization has a legal obligation to respond to the DSAR within a reasonable period of time, usually within one month. During this time, they will assess the request, locate the personal data, and provide a copy of the requested information.

By following these steps, individuals can exercise their access rights under GDPR and request a copy of their personal data from organizations that process their information.

What should be included in an access request?

When making an access request under GDPR, it is important to include key elements to ensure that your request is properly processed. Firstly, your access request should clearly state that you are asking for your own personal data. This helps the data controller identify that you are the data subject and entitled to make such a request.

The data controller is required to provide certain types of information in response to an access request. This includes confirmation of whether or not your personal data is being processed, access to the personal data itself, and any supplementary information such as the purposes of the processing, the recipients of the data, and the retention period.

If you are making the access request on behalf of someone else, it is essential to provide evidence of your entitlement to act on their behalf. This may include a power of attorney or written consent from the data subject.

By including these key elements in your access request, you can ensure that your request is properly processed and that you receive the information you are entitled to under GDPR.

When can an access request be refused?

Under the General Data Protection Regulation (GDPR), there are circumstances where an access request can be refused, although these instances are limited. The data controller may refuse an access request if it is deemed manifestly unfounded or excessive.

A request can be considered manifestly unfounded if it is made with the intention to harass the data controller, or if it lacks any legitimate grounds for making the request. For example, if a person repeatedly submits frivolous or malicious requests for personal data without any valid reason, it may be considered manifestly unfounded.

An access request may be considered excessive if it places an unreasonable burden on the data controller in terms of administrative costs or efforts to retrieve the requested information. However, refusal can only be made if it is proportionate and reasonable, taking into account the nature of the information requested and the available resources.

Additionally, exemptions or restrictions may apply in certain cases, such as for reasons of national security, defense, or the prevention, investigation, detection, or prosecution of criminal offenses. Restrictions can also apply when personal data is subject to legal professional privilege or the data relates to management planning or negotiations.

It is important to note that a refusal to an access request must be justified and communicated to the requester within a reasonable time frame, typically within one month. The requester also has the right to lodge a complaint with the supervisory authority and seek judicial remedies in case of unjustified refusal.

What forms can an access request take?

An access request, also known as a subject access request (SAR), can take different forms depending on the preference and convenience of the individual making the request. The General Data Protection Regulation (GDPR) provides individuals with the right to request access to their personal data held by an organization.

Individuals can make an access request in various ways, including verbally, in writing, or even through social media platforms. Verbal requests can be made directly to the organization's staff or customer service representatives. However, it is advisable to follow up with a written request to ensure clarity and documentation.

A written access request can be submitted through traditional methods such as postal mail or email. This allows the individual to provide details regarding the specific personal data they are seeking access to and any relevant information related to their request.

In some cases, an individual may choose to make an access request through social media platforms, particularly if the organization has a strong presence and active engagement on those platforms. However, it is essential for individuals to ensure that their request includes all the necessary details and follows the requirements set by the organization for making a valid access request.

Furthermore, the GDPR also allows for third parties to make a subject access request on behalf of the data subject. This could include legal representatives, family members, or other authorized individuals acting on behalf of the individual. In such cases, it is crucial for the third party to provide evidence of their entitlement to act on behalf of the data subject, such as a signed authorization letter or a power of attorney document.

How long does a data controller have to respond to an access request?

Under the General Data Protection Regulation (GDPR), a data controller is required to respond to an access request without undue delay and within one month of receiving the request. This means that once an individual submits a written or verbal access request to a data controller, the controller must provide the requested information within a reasonable period.

The one-month time frame starts from the day the data controller receives the request. However, in certain situations, this time frame can be extended by an additional two months if necessary, taking into account the complexity and number of requests. If the data controller decides to extend the time frame, they must inform the individual within one month of receiving the request, explaining the reasons for the delay.

It is important to note that the data controller should make every effort to respond to the access request within the initial one-month period to ensure compliance with GDPR. Failure to respond within the specified time frame may result in penalties and legal consequences for the data controller.

Right to rectification

The right to rectification is one of the three fundamental rights provided by the General Data Protection Regulation (GDPR). It ensures that individuals have the ability to request the correction of any inaccurate or incomplete personal data held by organizations. Under this right, individuals can rectify their personal information swiftly and easily, enabling them to maintain accurate records and protect their privacy. Organizations are obligated to update and correct the data promptly upon receiving a request for rectification. This right safeguards individuals' interests and promotes transparency and accuracy in the handling of personal data, contributing to the overall goal of GDPR to safeguard individuals' privacy and data protection.

Who is entitled to rectification rights?

Under the General Data Protection Regulation (GDPR), individuals have the right to rectify their personal data if it is inaccurate or incomplete. This right to rectification applies to anyone whose personal data is being processed by an organization.

Individuals have the right to request the rectification of their personal data if it is incorrect or outdated. This includes updating any incorrect information, adding missing information, or correcting any inaccuracies. The purpose of this right is to ensure that individuals have control over their personal data and that it is accurate and up to date.

To exercise this right, individuals can make a request for rectification to the organization that is processing their personal data. This request should be made in writing, either electronically or in paper format. The organization is then obligated to respond to the request within a reasonable period, which is typically within one month.

However, there are some circumstances in which a request for rectification can be refused. For example, if the accuracy of the personal data is disputed, the organization may require further evidence or clarification before making any changes. In addition, if the organization has a legitimate reason to retain the data in its current form, such as for legal or regulatory purposes, the request for rectification may be refused.

How to exercise rectification rights?

Exercising rectification rights under GDPR is a straightforward process that allows individuals to request the correction of their personal data. Here's a step-by-step guide on how to exercise this right:

1. Make your request: Begin by contacting the organization that is processing your personal data. Clearly state that you are exercising your rectification rights under GDPR and provide specific details about the inaccuracies or outdated information that needs correction.
2. Request in writing: Your request should be made in writing, either electronically or in paper format. This ensures a clear record of your request and provides a reference point for both you and the organization.
3. Reasonable time frame: The organization is obligated to respond to your request without undue delay and no later than one month from the date of receipt. They should acknowledge the receipt of your request and inform you about any additional information or evidence they may require to verify the accuracy of the data.
4. Verification process: The organization will take necessary steps to verify the accuracy of your personal data. This may involve cross-checking the information you provided with their records or requesting additional documents or clarification from you.
5. Rectification of data: If the organization verifies that the data is inaccurate or outdated, they will rectify it accordingly. This involves updating any incorrect information, adding missing information, or correcting any inaccuracies in your personal data.

Remember, there may be circumstances where a request for rectification can be refused, such as if the accuracy of the data is disputed or if there is a legitimate reason to retain the data in its current form. However, the organization is obligated to provide you with a clear explanation if your request is refused.

By following these steps and exercising your rectification rights, you can ensure that your personal data is accurate and up to date in compliance with GDPR regulations.

What should be included in a rectification request?

In order to request rectification of inaccurate or incomplete personal data under GDPR, there are key elements that should be included in the rectification request. According to Article 16 of GDPR, the request should clearly outline the specific information that needs correction or addition.

First, the request should contain a statement indicating that the data subject is exercising their right to rectification under GDPR. This demonstrates the purpose of the request and ensures that the organization understands the nature of the inquiry.

Next, the request should provide detailed information about the inaccuracies or incompleteness of the personal data. It is important to be specific and include all relevant details to ensure a clear understanding of the corrections or additions required.

The data subject should also provide any supporting evidence or documentation that can help validate the need for rectification. This can include updated information, official records, or any other relevant material that confirms the accuracy of the requested changes.

Lastly, the request should clearly state the desired outcome of the rectification, which is to have accurate and complete data. This helps the organization understand the specific actions they need to take in order to fulfill the request.

By including these key elements in the rectification request, the data subject can effectively communicate their need for corrections or additions to their personal data under GDPR.

Right to erasure (right To Be forgotten)

The right to erasure, also known as the right to be forgotten, is one of the fundamental rights granted to individuals under the General Data Protection Regulation (GDPR). This right allows individuals to request the deletion or removal of their personal data when certain conditions are met. The purpose of this right is to give individuals control over their own data and to ensure that outdated or irrelevant information is not retained by organizations. To exercise this right, individuals must submit a request to the organization holding their data, clearly stating their intention to have their data erased. The organization must then assess the request and determine if there are legitimate grounds for erasure, such as the data no longer being necessary for the purpose it was collected or processed, or the individual withdrawing their consent. If the request is valid, the organization is obligated to erase the personal data without undue delay, unless there are legal requirements or other lawful grounds that justify the retention of the data. The right to erasure presents challenges for organizations in terms of balancing individual rights with their own legal obligations and retention policies. However, it is a crucial aspect of data protection and privacy laws, providing individuals with the ability to have their personal data deleted when it is no longer necessary or relevant.

Who is entitled to erasure rights?

Under the General Data Protection Regulation (GDPR), individuals have the right to request the erasure of their personal data under certain conditions outlined in Article 17. This right, known as the 'right to be forgotten' or 'erasure right,' is an important aspect of data subject rights.

The GDPR grants individuals the entitled erasure rights if any of the following circumstances apply:

1. The personal data is no longer necessary for the purposes it was collected for.
2. The data subject withdraws their consent, and there is no other lawful basis for processing the data.
3. The data subject objects to the processing, and there are no overriding legitimate grounds for processing the data.
4. The personal data has been unlawfully processed.
5. Compliance with a legal obligation requires the erasure of the data.
6. The personal data has been collected in relation to the offer of information society services to a child.

When a data subject exercises their erasure rights, the controller must take reasonable steps to inform other controllers or processors that are processing the same personal data to also erase the data.

It is essential for organizations to understand and comply with these erasure rights as failure to do so can result in penalties and reputational damage. By respecting these rights, organizations can demonstrate their commitment to safeguarding individuals' personal data and upholding their right to privacy.