The EU and UK GDPR grant individuals a robust set of rights over their personal data. These rights are designed to enhance transparency, empower individuals, and ensure strong protection of personal information. By understanding these rights, individuals can take control of their data while organisations build trust and ensure compliance.
Below is an expanded guide to these rights and their significance.
1. The Right to Be Informed
Transparency lies at the heart of both the EU and UK GDPR. The right to be informed ensures individuals know how their data is collected, used, stored, and shared.
Organisations must provide clear and accessible privacy notices, which should outline:
The types of data being collected
The purpose of its collection and processing
How the data will be stored and used
Any third parties involved in the data’s handling
These notices must be easy to understand and readily available, enabling individuals to make informed decisions about their personal information.
2. The Right of Access
Individuals have the right to access their personal data and obtain essential information about how it is processed. This includes:
A copy of their personal data
Details about the purposes of processing
Information on retention periods and recipients of the data
Organisations must respond to access requests within one month. In complex cases, this period may be extended. The provided information should be in a clear and easily accessible format to ensure comprehension.
3. The Right to Rectification
The accuracy of personal data is crucial. The right to rectification allows individuals to request corrections to inaccurate or incomplete data. Organisations are obligated to:
Investigate and verify any claims of inaccuracy
Promptly update records and notify the individual of the changes
This right ensures data remains reliable and fit for its intended purpose, reducing the risk of harm caused by errors.
4. The Right to Erasure
Also known as "The Right to Be Forgotten," this right enables individuals to request the deletion of their personal data in specific circumstances, such as:
The data is no longer necessary for its original purpose
The individual withdraws consent
The data has been unlawfully processed
However, this right is not absolute. Certain exceptions apply, such as when the data is required for legal compliance, public interest, or the establishment or defence of legal claims.
5. The Right to Restrict Processing
Individuals can request that the processing of their personal data be restricted in certain situations, including:
When the accuracy of the data is disputed
When processing is unlawful, but the individual prefers restriction over deletion
When the organisation no longer needs the data but the individual requires it for legal claims
During restriction, the organisation may store the data but cannot process it further without the individual’s consent.
6. The Right to Data Portability
This right allows individuals to receive their personal data in a structured, commonly used, and machine-readable format. It also facilitates the seamless transfer of data between different services. Key benefits include:
Flexibility in managing personal data
Empowerment to switch service providers without losing information
By promoting portability, GDPR encourages innovation and give individuals greater control over their personal information.
7. The Right to Object
Individuals have the right to object to the processing of their personal data in specific circumstances, such as:
Processing for direct marketing purposes
Processing based on legitimate interests or tasks carried out in the public interest
When an individual objects, organisations must cease processing unless they can demonstrate compelling legal grounds that override the individual’s rights. For marketing purposes, the right to object is absolute, and organisations must stop processing data for such activities upon request.
8. Rights Related to Automated Decision-Making and Profiling
Automated decision-making and profiling can have significant effects on individuals.
To safeguard against potential risks, the EU and UK GDPR grant individuals specific protections, including:
The right to request human intervention in automated decisions
The right to express their views and contest decisions made through automated processes
These protections are particularly relevant in contexts like credit scoring, recruitment, and personalised advertising. Automated decisions that produce legal or similarly significant effects require explicit consent, legal authorisation, or necessity for a contract to proceed.
Conclusion
The rights outlined under the EU and UK GDPR empower individuals to manage their personal data while ensuring organisations remain accountable. For businesses, respecting these rights is not only a legal obligation but also an opportunity to foster trust, enhance transparency, and strengthen customer relationships. By implementing these rights responsibly, organisations can navigate the digital landscape with confidence, integrity, and ethical data practices.
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