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Regulation (EU) 2016/679 (GDPR) · Chapter III · Rights of the data subject

Art. 15 · Right of access by the data subject

Text

  1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

(a)

the purposes of the processing;

(b)

the categories of personal data concerned;

(c)

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 organisations;

(d)

where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e)

the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(f)

the right to lodge a complaint with a supervisory authority;

(g)

where the personal data are not collected from the data subject, any available information as to their source;

(h)

the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, 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.

  1. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

  2. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

  3. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

Section 3

Rectification and erasure

Text: EUR-Lex, CELEX 32016R0679 (consolidated text with corrigenda).

Commentary

The right of access: confirmation that processing is taking place, information about it, and a copy of the data being processed. The copy must not adversely affect the rights of others. In practice the most frequently exercised right and the gateway to disputes. The data subject has the right to know when and why their data was accessed (C-579/21 Pankki S), and in automated decision-making to receive a meaningful explanation of the procedure used, with trade secrets not being an absolute bar (C-203/22).

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