Definition
Grants individuals the right to access their personal data and receive information on how it is processed.
Excerpt
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: the purposes of the processing; the categories of personal data concerned; 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; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; 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; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; 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.
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.
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.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Related cases
Carrefour France has been fined by CNIL for violating GDPR and French data protection laws, including excessive data retention, unclear data processes, inadequate response to requests, security breaches, and unlawful use of cookies. They also sent prospecting emails despite objections and did not provide unsubscribe links.
The Hungarian DPA fined a hotel booking service for sending direct marketing emails without valid legal basis, not obtaining separate consent for specific purposes, not expressly mentioning data processing purposes in the privacy policy.
The Austrian DPA found the respondent at fault for not providing information and notifications in languages that are relevant to the countries where the services are being offered, based on the nationality or place of residence of the data subject.
The Spanish DPA fined a hospital for obtaining consent through pre-ticked boxes for commercial communication and data processing and failure to timely provide a copy of the form.
The company was held liable for insufficient clarity in information, and the absence of a clear cookie policy or consent for the use of cookies.