DATA SUBJECT RIGHTS

Question 1

Which are the data subject rights?

Answer 1

• Access and rectification
• Data portability
• Erasure
• Restriction of processing
• Right to object to processing
• Decisions based on automated processing

Question 2

What is the right of access?

Answer 2

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:
1. the purposes of the processing;
2. the categories of personal data concerned;
3. 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;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. 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;
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from the data subject, any available information as to their source;
8. 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.

Question 3

What’s the right to data portability? And when does it apply?

Answer 3

This right allows data subjects to receive personal data concernging them that thye provided to the controller. The data may be transferred directly to the data subject for storage on a private device, another controller or a trusted third party. It must be in astructured. commonly used machine readable format, interoberability beong the desired outcome. The right is not triggered in the case of legitimate interests. If the processing is based on contract or consent then it applies.
It applies if 1) the requested personal dta is processed by automatic means
2) The personal data requestedconcern the data subject and be provided by him
3) tranferring the data does not adversly affecy the rights and freedoms of others