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r is for CPRM

 

Under the GDPR the data subjects have many rights. As an organization you must be prepared to deal with requests from data subjects when they exercise these rights. Are you prepared? If not, be prepared for fines!

The rights of data subjects are as follows:

 

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object
  8. Rights in relation to automated decision making and profiling

1. The right to be informed

Data subjects have the right to have action taken on request of their rights without undue delay, and in any event within one month of receiving the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. You must inform the data subject of any such extensions within one month of receiving their request. If you cannot take action to their request you must inform the data subject without delay and again, within one month of receiving their request the reasons for not taking action and on the possibility of them lodging a complaint with the Data Authority. The requested information should be provided free of charge. Under certain circumstances you may ask for a fee.

Associated fine: € 120.000 and € 500.000.

2. Right of access

Data subjects have the right to obtain confirmation as to whether or not personal data concerning them are being processed. And, if that is the case, they have the right to access the personal data with the following information.

  • the purposes of the processing
  • the categories of personal data concerned
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period
  • the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing
  • the right to lodge a complaint with a supervisory authority
  • where the personal data are not collected from the data subject, any available information as to their source
  • the existence of automated decision-making, including profiling, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Associated fine bandwidth: € 300.000 and € 750.000

3. The right to rectification

Data subjects have the right to have inaccurate personal data concerning them rectified without undue delay. They have the right to have incomplete personal data completed.

Associated fine bandwidth: € 300.000 and € 750.000

4. The right to erasure

The data subject has the right to have their data erased without undue delay where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed
  • the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing
  • the data subject objects to the processing and there are no overriding legitimate grounds for the processing
  • the personal data have been unlawfully processed
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject
  • the personal data have been collected in relation to the offer of information society services.

Associated fine bandwidth: € 300.000 and € 750.000

5. The right to restrict processing

Data subjects have the right to restrict processing of their personal data when one of the following applies:the accuracy is being contested. For the period of determining the complaint the restriction is in place.

  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims
  • the data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject

A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

Associated fine bandwidth: € 120.000 and € 500.000

6. The right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided.

In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible

Associated fine bandwidth: € 300.000 and € 750.000

7. The right to object

At the latest at the time of the first communication with the data subject, the right to object shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. No small letters. Plain clear language.

Associated fine bandwidth: € 120.000 and € 500.000

8. Rights in relation to automated decision making and profiling

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Associated fine bandwidth: € 450.000 and € 1.000.000