Right of Access - General Data Protection Regulation (GDPR) (2024)

The right of access plays a central role in the General Data Protection Regulation (GDPR). On the one hand, because only the right of access allows the data subject to exercise further rights (such as rectification and erasure). On the other hand, because an omitted or incomplete disclosure is subject to fines.

The answer to a right of access request includes two stages. First, the controller must check whether any personal data of the person seeking information is being processed at all. In any case, one must report a positive or negative result. If the answer should be positive, the second stage involves a whole range of information. The right of access includes information about the processing purposes, the categories of personal data processed, the recipients or categories of recipients, the planned duration of storage or criteria for their definition, information about the rights of the data subject such as rectification, erasure or restriction of processing, the right to object, instructions on the right to lodge a complaint with the authorities, information about the origin of the data, as long as these were not collected from the data subject himself, and any existence of an automated decision-taking process, including profiling, with meaningful information about the logic involved as well as the implications and intended effects of such procedures. Last but not least, if personal data is transmitted to a third country without an adequate level of protection, data subjects must be informed of all appropriate safeguards which have been taken.

Information can be provided to the data subject in writing, electronically or verbally as per Art. 12(1) sentences 2 and 3 of the GDPR, depending on the circ*mstance. According to Art. 12(3) GDPR information must be provided without undue delay but at latest within one month. Only in reasoned cases may this one-month deadline be exceptionally exceeded. As a rule, the information has to be provided free of charge. If, in addition, further copies are requested, one can request a reasonable payment which reflects administrative costs. The controller is also allowed to refuse a data subject’s requests to right of access if it is unjustified or excessive. The controller additionally has the right, if he is processing a large volume of information about the data subject, that he or she specify their request within the right of access regarding specific data processing or kind of information.

External Links

Authorities

  • Data Protection Authority UK ► Right of access (Link)
  • Data Protection Authority Ireland ► Access Rights and Responsibilities (Link)
  • Data Protection Authority Ireland ► The Right of Access (Link)
  • European Commission ► What personal data and information can an individual access on request? (Link)
  • ► Handbook on European data protection law – The right of access to an individual’s own data, page 216 (Link)

Expert contribution

  • Bird & Bird ► Subject access, rectification and portability (Link)

Key IssuesTable of contents

Right of Access - General Data Protection Regulation (GDPR) (2024)

FAQs

How to answer an interview question about GDPR? ›

If you've worked with the GDPR in previous roles, offer an explanation of the type of work you carried out and how the GDPR related to it. You may also wish to mention any strategies you've used to ensure compliance with the GDPR in your previous work.

Who does the GDPR apply to quiz answers? ›

The GDPR applies to all citizens of the EU. This means that any business or organisation which holds, and processes, the personal data of these citizens has to comply.

What is the GDPR right to access data? ›

The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data from you, as well as other supplementary information. It is a fundamental right for individuals.

What are your data protection rights under the General data protection Regulation GDPR? ›

The GDPR has a chapter on the rights of data subjects (individuals) which includes the right of access, the right to rectification, the right to erasure, the right to restrict processing, the right to data portability, the right to object and the right not to be subject to a decision based solely on automated ...

How do I respond to a GDPR data request? ›

As well as the requester's personal data, you need to send your privacy information. They have a right to know why you hold their data, how you got it, how long you're planning on keeping it, who you share it with, and how they can ask for it to be changed (such as updating their address) or deleted.

How do you explain GDPR simply? ›

GDPR stands for General Data Protection Legislation. It is a European Union (EU) law that came into effect on 25th May 2018. GDPR governs the way in which we can use, process, and store personal data (information about an identifiable, living person).

Does GDPR apply to US citizens? ›

Additionally, the GDPR protects citizens of the U.S. as data subjects, but only when they're visiting the EU or other EEA countries. The protection only applies while they are using the internet in those territories.

Who does the GDPR apply to select all that apply answers? ›

The GDPR protects the data of its citizens and residents, even if it is transferred outside the EU zone, which means that the GDPR applies to all organizations EU and non-EU, that process the personal information of European citizens.

What are the FAQS of GDPR? ›

What are the GDPR's data processing principles? What lawful bases for processing should we use, and do we always need consent? What rights do individuals (data subjects) have under the GDPR? Does my organisation need to register under the GDPR?

What are the 7 main principles of GDPR? ›

Lawfulness, fairness, and transparency; ▪ Purpose limitation; ▪ Data minimisation; ▪ Accuracy; ▪ Storage limitation; ▪ Integrity and confidentiality; and ▪ Accountability. These principles are found right at the outset of the GDPR, and inform and permeate all other provisions of that legislation.

What are the 3 rights under GDPR? ›

the right of access; the right to rectification; the right to erasure or restrict processing; and. the right not to be subject to automated decision-making.

What are two reasons to get the GDPR right? ›

Increased Employee Awareness: Compliance with the GDPR can help raise employee awareness of the importance of privacy and data protection, reducing the risk of human error. Enhanced Consumer Rights: The GDPR gives consumers more control over their personal data, including the right to access, correct, and delete it.

What are the general rules of GDPR? ›

The UK GDPR sets out seven key principles:
  • Lawfulness, fairness and transparency.
  • Purpose limitation.
  • Data minimisation.
  • Accuracy.
  • Storage limitation.
  • Integrity and confidentiality (security)
  • Accountability.
May 19, 2023

What does General Data Protection Regulation GDPR apply to? ›

To elaborate, the GDPR applies to the processing of personal data by controllers (companies) and processors (entities that processes the data for the companies) in the EU/EEA, whether or not the processing itself takes place in the EU/EEA.

What data is not protected by GDPR? ›

The GDPR does not apply if: the data subject is dead. the data subject is a legal person. the processing is done by a person acting for purposes which are outside his trade, business, or profession.

How do you say you are GDPR compliant? ›

The best way to demonstrate GDPR compliance is using a data protection impact assessment Organizations with fewer than 250 employees should also conduct an assessment because it will make complying with the GDPR's other requirements easier.

How do you demonstrate GDPR? ›

3 Documents Your Company Needs to Demonstrate GDPR Compliance
  1. A Data Protection Policy.
  2. A Privacy Policy.
  3. Record of Processing Activities.
Nov 20, 2023

How do I comply with GDPR at work? ›

There are 7 key steps you need to follow in order to comply with GDPR.
  1. Appoint a Data Protection Officer (if you need one) ...
  2. Review GDPR. ...
  3. Information audit. ...
  4. Determine your lawful basis for processing data. ...
  5. Implement processes. ...
  6. Establish documentation. ...
  7. Implement training and policies.
Mar 3, 2020

How do you agree to GDPR? ›

“any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her”.

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