RIGHTS OF DATA SUBJECTS
PURSUANT TO ARTICLES 15 TO 23 OF REGULATION 679/2016
The General Data Protection Regulation EU 679/2016 includes, among its key points, the protection of the rights of the data subject during processing of personal data.
Such rights allow the data subject to check the types of data used, the methods of processing, and gives the latter the possibility of restricting or objecting such use, and of deleting personal data in certain circumstances.
A corollary to said rights is the right to file a complaint and the right of judicial protection in case of violations in reference to prohibited or unlawful processing.
This procedure aims firstly at identifying these rights, as well as establishing the timing of the response, and the methods of operation. Lastly, this document identifies the party responsible for a response to requesting parties.
The purpose of said procedure is to facilitate the data subject in exercising his or her rights pursuant to Article 12, paragraph 2.
RIGHTS OF DATA SUBJECTS
Right of access of the data subject
- The data subject has the right to obtain confirmation from the data controller that processing of their personal data is in progress and, in such case, to obtain access to the personal data, and the following information:
- a) Purposes of processing;
- b) Categories of personal data concerned;
- c) Recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular if there are recipients in third countries or international organizations;
- d) Wherever possible, the storage period of the personal data provided, or if that is not feasible, the criteria used to determine said period;
- e) The existence of the right of the data subject to request the data controller's rectification, deletion of personal data, or restriction of processing of the personal data concerning him/her, or to object to such processing;
- f) The right to lodge a complaint with a Supervisory Authority;
- g) If the data is not collected from the data subject, all available information
on the data's origin;
- h) The existence of an automated decision-making process, including profiling according to
Article 22, paragraphs 1 and 4 and, at least in said cases, significant information on the logic used, as well as the importance and expected consequences for the data subject of such processing.
- Where personal data is transferred to a third country or international organization, pursuant to Article 46 of the Regulation, the Data Subject shall have the right to be informed of the existence of appropriate safeguards relating to such transfer.
- The Data Controller shall provide a copy of the personal data that is undergoing processing.
For any further copies requested by the data subject, the Data 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.
- The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedom of others.
Correction and cancellation
Right of correction
The data subject shall have the right to obtain from the data controller the correction of inaccurate personal data, concerning him or her, without undue delay. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data supplemented, including by providing a supplementary statement.
- d) Right to cancellation ("right to be forgotten")
- The data subject shall have the right to obtain the cancellation of personal data concerning him or her by the data controller without undue delay and the data controller must delete such personal data without undue delay where one of the following grounds applies:
- a) The personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
- b) The data subject withdraws the consent on which the processing is based, according to Article 6, paragraph 1, letter a), or Article 9, paragraph 2, letter a), and where there is no other legal purpose for the processing;
- c) The data subject objects to the processing pursuant to Article 21, paragraph 1, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21, paragraph 2;
- d) Personal data has been unlawfully processed;
- e) Personal data must be deleted for compliance with a legal obligation, required by the Union or Member State law, to which the data controller is subject;
- f) Personal data has been collected in relation to the offer of services of the information company referred to in Article 8, paragraph 1.
- Where the data controller has made the personal data public and is obliged, pursuant to paragraph 1, to delete the personal data, said controller, taking account the available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform the data controllers processing the personal data that the data subject has requested the cancellation by such controllers of any links, copies, or replication of their personal data.
- Paragraphs 1 and 2 shall not apply to the extent that the processing is necessary as follows:
- a) For exercising the right of freedom of expression and information;
(b) For the fulfillment of a legal obligation requiring processing required by Union or Member State law to which the data controller is subject, or for the performance of a task carried out in the public interest, or in exercising the official authority vested in the data controller;
- c) For reasons of public interest in the area of public health in accordance with letters (h) and (i) of Article 9, paragraph 2 as well as Article 9, paragraph 3;
- d) For the purposes of archiving, in the public interest, of scientific or historical research, or for statistical purposes in accordance with Article 89, paragraph 1, in so far as the right pursuant to paragraph 1, is likely to render the achievement of the objectives of such processing impossible, or seriously impair it; or
- e) For the establishment, exercise, or defense of legal claims.
Right to restriction of processing
- The data subject shall have the right to obtain, from the data controller, the restriction of processing where one of the following applies:
- a) The accuracy of the personal data is disputed by the data subject, for a period enabling the data controller to verify the accuracy of the personal data;
- b) The processing is unlawful and the data subject opposes the cancellation of the personal data and requests instead the restriction of its use;
- c) Although the data controller no longer needs it for processing purposes, the personal data is necessary to the data subject for the assessment, exercise, or defense of a right in court;
- d) The data subject is opposed to the processing pursuant to Article 21, paragraph 1, pending verification of the possible prevalence of the data controller's legitimate reasons to override those of the data subject.
- Where the processing has been restricted pursuant to paragraph 1, such personal data shall, with the exception of conservation, only be processed with the data subject's consent or for the establishment, exercise, defense of legal claims, protection of the rights of another natural or legal person, or for reasons of significant public interest of the Union or a Member State.
- A data subject who has obtained a processing restriction, pursuant to paragraph 1, shall be informed by the data controller before the processing restriction is lifted.
Obligation to notify in case of correction or cancellation of personal data
or restriction of processing;
The data controller shall communicate to each of the recipients to whom the personal data, any corrections or cancellations, or processing restrictions have been transmitted, pursuant to Article 16, Article 17, paragraph 1, and Article 18, unless this proves impossible or involves a disproportionate effort. The data controller shall inform the data subject about said recipients upon the data subject's request.
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 data controller, in a structured, commonly used, and machine-readable format, and have the right to transmit such data to another data controller without hindrance from the data controller to which the personal data has been provided, where:
- a) The processing is based on consent pursuant to Article 6, paragraph 1, letter a), or Article 9, paragraph 2, letter a), or on a contract pursuant to Article 6, paragraph 1, letter b); and
- b) The processing is carried out by automated means.
- In exercising his or her right to data portability according to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one data controller to another, where technically feasible.
- The exercise of the right referred to in paragraph 1 of this article shall not affect the provisions of Article 17. Such right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
- The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Right to object and automated individual decision process in reference to natural persons
Right to object
- At any time, the data subject shall have the right to object, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her which is based on Article 6, paragraph 1, letters e) or f), including profiling based on those provisions.
The data controller shall refrain from further processing of personal data unless
he or she demonstrates the existence of mandatory legitimate grounds for proceeding with the processing that prevail over the interests, rights and freedoms of the data subject or for the establishment, exercise, or defense of a right in court.
- Where personal data is processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
- Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
- The right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information no later than the time of the first communication with the data subject.
- Within the context of the use of information services company, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
- Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89, paragraph 1, the data subject, based on his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated decision-making process related to natural persons, including
- 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.
- Paragraph 1 shall not apply if the decision:
- a) Is necessary for the conclusion or execution of a contract between the data subject and a data controller;
- b) Is authorized by the laws of the Union or of the Member State to which the data controller is subject to, and also specifies appropriate measures to protect the rights, freedoms and
the legitimate interests of the data subject;
- c) Is based on the explicit consent of the data subject.
- In the cases referred to in paragraph 2, letters a) and c), the data controller shall implement the appropriate measures to protect the rights, freedoms and legitimate interests of the data subject; namely, the right to obtain human intervention from the data controller, to express their opinion, and to challenge the decision.
- The decisions referred to in paragraph 2 shall not be based on the particular categories of personal data referred to in Article 9, paragraph 1, unless Article 9, paragraph 2, letters a) or g) applies, and adequate measures to protect the rights, freedoms and legitimate interests of the data subject are not in force.
- The law of the Union or of the Member State to which the data controller or processor is subject may limit, by legislative measures, the scope of the obligations and rights referred to in Articles 12 to 22 and 34, as well as in Article 5, in so far as the provisions contained therein correspond to the rights and obligations set out in Articles 12 to 22, where such limitation respects the essence of fundamental rights and freedoms and is a necessary and proportionate measure, in a democratic society, to safeguard the following:
- a) National security;
- b) Defense;
- c) Public security;
- d) The prevention, investigation, detection and prosecution of offenses, or the execution of criminal sanctions, including the safeguard against and prevention of threats to public security;
- e) Other important objectives of general public interest of the Union or of a Member State,
in particular a significant economic or financial interest of the Union, or a Member State, including in monetary, budgetary and fiscal matters, public health and social security;
- f) The protection of judicial independence and judicial proceedings;
- g) The prevention, investigation, detection, and prosecution of breaches of ethics for regulated professions;
- h) A monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in letters a), e) and g);
- i) The protection of the data subject or the rights and freedoms of others;
- j) The enforcement of civil proceedings.
- In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions in reference to, where relevant, the following:
- a) The purposes of the processing or categories of processing;
- b) The categories of personal data;
- c) The scope of the restrictions introduced;
- d) The safeguards to prevent abuse or unlawful access or transfer;
- e) The specifications of the data controller or categories of controllers;
- f) The storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
- g) The risks to the rights and freedoms of data subjects; and
- h) The right of data subjects to be informed of the restriction, unless this may
compromise the purpose of the same.
Regulation 679/2016, at Paragraph VIII, provides the remedies to protect the data subject.
In particular, Article 77 (Right to lodge a complaint with the Supervisory Authority), Article 78 (Right to an effective judicial remedy against the Supervisory Authority) and Article 70 (Right to an effective judicial remedy against the data controller or processor).
PROCEDURES FOR THE EXERCISE OF RIGHTS AND RESPONSES
The rights of the data subject can be exercised by email, certified email, or registered letter with return receipt.
To facilitate the exercise of said rights, the data subject may download the procedures form via this link
For the exercise of said rights, the data subject may write to the following email address: firstname.lastname@example.org
The data controller, directly or through one of his or her representatives, shall provide the data subject with information relating to the request submitted by said data subject without undue delay and, in any case, within thirty (30) days of receipt of the request.
Such period may be extended by an additional sixty (60) days where necessary, taking into account the complexity and number of requests. The data controller shall inform the data subject of any such extension within thirty (30) days of receipt of the request, in conjunction with the reasons for the delay. Where the data subject makes the request in electronic form, the information shall be provided by electronic means, where possible, unless otherwise requested by the data subject.
If the data controller does not take action, upon the request of the data subject, the data controller shall inform the data subject without delay, and no later than thirty (30) days of receipt of the request, of the reasons for not taking action and the possibility of lodging a complaint with the Supervisory Authority as well as seeking a judicial remedy.
The information provided by the data subject and any communications and actions taken are free of charge.
Where requests from a data subject are patently unfounded or excessive, in particular because of their repetitive nature, the data controller may either:
a) Request a reimbursement of expenses for costs incurred in providing the information or communication, or in taking the required action; or
- b) Refuse to act on the request.
The data controller shall bear the burden of demonstrating the patently unfounded or excessive nature of the request.
Where the data controller has reasonable doubts about the identity of the natural person submitting the request referred to in Articles 15 to 21, he or she may request further information necessary to confirm the identity of said data subject.