GDPR Data Subject Rights

The EU GDPR (General Data Protection Regulation) gives individuals eight rights relating to their personal data. Organisations must let individuals know how they can exercise these rights and meet requests promptly. Failure to do so is a breach of the GDPR. To begin with, we should understand what a data subject is.

What is a data subject?

The term ‘data subject’ refers to any living individual whose personal data is collected, held or processed by an organisation. Personal data is any data that can be used to identify an individual. This can be a name, home address or even a credit card number.

The eight rights of data subjects under the GDPR

Right to be informed

Organisations need to tell individuals what data is being collected. This includes how it’s being used, how long it will be kept and whether it will be shared with any third parties. This information must be communicated concisely and in plain language.

Right of access

Individuals can submit subject access requests, which oblige organisations to provide a copy of any personal data they hold concerning the individual. Organisations have one month to produce this information. However, there are exceptions for requests that are manifestly unfounded, repetitive or excessive.

Right to rectification

If an individual discovers that the information an organisation holds on them is inaccurate or incomplete, they can request that it be updated. As with the right of access, organisations have one month to do this, and the same exceptions apply.

Right to erasure

Individuals can request that organisations erase their data in certain circumstances. This includes when the data is no longer necessary, the data was unlawfully processed, or it no longer meets the lawful grounds for which it was collected. This includes instances where the individual withdraws consent.

The right to erasure is also known as ‘the right to be forgotten’ and is one of the more well-known elements of the GDPR.

Right to restrict processing

Individuals can request that an organisation limits the way it uses personal data. It’s an alternative to requesting the erasure of data. This can be used when an individual contests the accuracy of their personal data. Or, perhaps, they no longer need the information, but the organisation requires it to establish, exercise or defend a legal claim.

Right to data portability

Individuals are permitted to obtain and reuse their personal data for their own purposes across different services. This right only applies to personal data that an individual has provided to data controllers by way of a contract or consent.

Right to object

Individuals can object to the processing of personal data that is collected on the grounds of legitimate interests or the performance of a task in the interest/exercise of official authority. Organisations must stop processing information when asked, unless they can demonstrate compelling legitimate grounds for the processing that overrides the interests, rights and freedoms of the individual or if the processing is for the establishment or exercise of defence of legal claims.

Rights related to automated decision-making, including profiling

The GDPR includes provisions for decisions made with no human involvement, such as profiling. This uses personal data to make calculated assumptions about individuals. There are strict rules about this kind of processing, and individuals are permitted to challenge and request a review of the processing if they believe that the rules aren’t being followed.