In the following article, the GDPR will be explained from the data subject’s point of view. The whole GDPR is based on those rights. Therefore, it is important to make sure our data privacy is in line with our human rights.
A data subject can exercise their rights under particular conditions. The data subject’s rights are quite contextual since they are particularly influenced by the obligations and the circumstances. A good example for how contextual the data subject’s rights really are, is ‘the right to withdraw consent’. The right to withdraw consent means there is no other legal base in place to fall back on. It only represents one of many ways of processing data. Consequently, if another route has been chosen and that way is compliant to the GDPR rules, withdrawal of consent can not be applied.
When we talk about the data subject’s rights in GDPR, 8 fundamental rights are concerned. Naturally, things are more complicated and legal. Here is general overview of the 8 main aspects.
1. the right to access
2. the right to rectification
3. the right to erasure or the right to be forgotten
4. the right to restriction of processing
5. the right to be informed
6. the right to data portability
7. the right to object
8. the right not to be the subject to a decision based solely on automated processing
As you might have noticed the transparent information, communication and privacy constitute the main focus in these fundamental rights in the GDPR. Therefore, all natural persons whose personal data is being processed and which falls in the territorial scope of the GDPR, is entitled to these rights. The GDPR hereby strengthens the already existing rights and creates some new aspects to better provide protection to a data subject. However, the GDPR is mainly useful to give the data subject control over the processing of their personal information. Therefore, we have to make this concern of upmost importance a priority. Our ever-changing world is evolving and so are we, keeping up is important to keep your business rolling.
Do you want to get more information about GDPR? Read the previous articles.
GDPR Series – Episode 1 : What is GDPR?
GDPR Series – Episode 2 : What are the basic principles of GDPR?
GDPR Series – Episode 3 : What are the 6 possible legal bases?
GDPR Series – Episode 4 : What is the material and territorial application of GDPR?
GDPR Series – Episode 5 : How is sensitive data protected by GDPR?
GDPR Series – Episode 6 : How is consent applied in GDPR?
GDPR Series – Episode 7 : What are the risks if GDPR is not respected?