Introduction
The General Data Protection Regulation [GDPR] empowers individuals with a set of rights to protect their Personal Data. These rights, known as the GDPR data subject rights, give individuals control over how their data is collected, stored & used by Organisations. This article breaks down these rights, their practical implications & the challenges Organisations face in respecting them.
Overview of GDPR Data Subject Rights
Under the GDPR, data subjects (individuals whose data is processed) have specific rights regarding their Personal Data. These rights are meant to enhance transparency, control & accountability in the way businesses handle Personal Data. The GDPR data subject rights cover a range of protections, including the right to access, correct & delete Personal Data, as well as the right to data portability & the ability to object to data processing.
Understanding the Right to Access
The right to access allows individuals to request information about the Personal Data an organisation holds about them. This includes details on how the data is used, where it is stored & who it has been shared with. This right helps individuals understand how their data is being handled, promoting transparency & trust between Organisations & their customers.
However, there are some limitations. For instance, if providing this information could harm the rights of other individuals or reveal confidential business information, the request may be refused.
The Right to Rectification: What you need to know?
The right to rectification allows individuals to correct inaccurate or incomplete Personal Data. This is especially important in ensuring that Organisations do not rely on incorrect data, which could lead to errors in decision-making, such as credit scores or medical records.
For example, if a Customer’s contact information is outdated or incorrect, they can request that the organisation update their records. Organisations are required to make corrections without undue delay, but they may need proof or documentation to verify the requested changes.
The Right to Erasure: ‘Right to Be Forgotten’ Explained
One of the most well-known aspects of the GDPR data subject rights is the right to erasure, also known as the “right to be forgotten.” This right allows individuals to request the deletion of their Personal Data when it is no longer necessary for the purposes for which it was collected or if they withdraw consent.
For instance, a person who has unsubscribed from a service may request the deletion of their data. However, the right to erasure is not absolute & Organisations may refuse to comply if the data is needed for legal obligations or other legitimate reasons.
The Right to Restrict Processing: How It Works
The right to restrict processing enables individuals to limit the way their data is used by an organisation. While this doesn’t mean the data must be erased, it means the organisation can’t process the data beyond what is necessary.
For example, if a Customer disputes the accuracy of their data, they can ask the organisation to stop using that data until the issue is resolved. This right offers a balance between protecting data & allowing Organisations to keep it when needed for legitimate purposes.
The Right to Data Portability: A Practical Guide
The right to data portability allows individuals to obtain their Personal Data in a structured, commonly used format & transfer it to another service provider. This right makes it easier for individuals to switch between services or take their data with them if they choose to do so.
An example would be if a person wants to move their contact information from one social media platform to another. The organisation must provide the data in a format that can be easily transferred.
The Right to Object: Protecting your Data
The right to object allows individuals to stop the processing of their data for specific purposes, such as direct marketing. This gives individuals more control over how their data is used & ensures their Privacy is respected.
For instance, if a company is using your data for marketing purposes, you can object to this processing & request that they stop. However, the organisation may continue processing the data if they can prove a legitimate interest in doing so.
Limitations & Exceptions to GDPR Data Subject Rights
While the GDPR data subject rights are powerful tools for Privacy protection, there are exceptions & limitations. For example, the right to erasure may not apply if the data is required for legal obligations or public interest purposes. Similarly, the right to access can be restricted if it compromises the rights of others or involves confidential information.
Organisations must carefully assess each request on a case-by-case basis to ensure they comply with the GDPR while respecting any applicable exceptions.
Practical Examples & Application of Rights
Understanding how GDPR data subject rights apply in real-world situations can help Organisations better manage Privacy concerns. For instance, if an individual requests access to their data, the organisation must respond within one month. However, if the request is deemed excessive or unfounded, the organisation may charge a reasonable fee or refuse the request.
Similarly, when a person exercises their right to rectification, Organisations need to ensure they have robust systems in place to make corrections swiftly & efficiently.
Takeaways
- GDPR data subject rights give individuals control over their Personal Data, promoting Privacy & transparency.
- The main rights include the right to access, rectification, erasure, restriction of processing, portability & objection.
- Organisations must respond to data subject requests promptly & handle them according to the law, while understanding the limitations & exceptions.
- Practical understanding of these rights can help both individuals & Organisations navigate Data Privacy effectively.
FAQ
What are GDPR data subject rights?
GDPR data subject rights refer to the set of rights provided under the GDPR to give individuals more control over how their Personal Data is handled by Organisations.
Can my data be deleted under GDPR data subject rights?
Yes, you can request the deletion of your data under the right to erasure, also known as the “right to be forgotten,” though there are exceptions.
How long does an organisation have to respond to a request under GDPR data subject rights?
Organisations must respond to requests within one month, although this can be extended in certain circumstances.
Can I object to my data being used for marketing under GDPR?
Yes, the right to object allows you to stop Organisations from using your data for specific purposes, such as direct marketing.
Need help?
Neumetric provides organisations the necessary help to achieve their Cybersecurity, Compliance, Governance, Privacy, Certifications & Pentesting goals.
Organisations & Businesses, specifically those which provide SaaS & AI Solutions, usually need a Cybersecurity Partner for meeting & maintaining the ongoing Security & Privacy needs & requirements of their Clients & Customers.
SOC 2, ISO 27001, NIST, HIPAA, HECVAT, EU GDPR are some of the Frameworks that are served by Fusion – a centralised, automated, AI-enabled SaaS Solution provided by Neumetric.
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