Resource Page Lesson Day 9 - Update Personal Data

Expert Comment

Examples

Resources

GDPR Resources

Art. 12 GDPR

Transparent information, communication and modalities for the exercise of the rights of the data subject

1. 1The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.

2. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means.

3. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

4. 1The controller shall facilitate the exercise of data subject rights under Articles 15 to 22. 2In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

5. 1The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request.

6. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

7. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. 4Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

8. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

9. 1Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge.

10. Where requests from a data subject are manifestly unfounded or excessive, in particular, because of their repetitive character, the controller may either:

    1. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested, or

    2. refuse to act on the request.

11. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

12. Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

13. The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing.

14. Where the icons are presented electronically they shall be machine-readable.

15. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.

Suitable Recitals

(58) The principle of transparency

(59) Procedures for the exercise of the rights of the data subjects

(60) Information obligation

(73) Restrictions of rights and principles

Art. 16 GDPR

Right to rectification

1The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. 2Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Suitable Recitals

(65) Right of rectification and erasure

Art. 19 GDPR

Notification obligation regarding rectification or erasure of personal data or restriction of processing

1The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed unless this proves impossible or involves a disproportionate effort. 2The controller shall inform the data subject about those recipients if the data subject requests it.

Suitable Recitals

(66) Right to be forgotten

Recital 65

Right of rectification and erasure*

1. A data subject should have the right to have personal data concerning him or her rectified and a ‘right to be forgotten’ where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject.

2. In particular, a data subject should have the right to have his or her personal data erased and no longer processed where the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed, where a data subject has withdrawn his or her consent or objects to the processing of personal data concerning him or her, or where the processing of his or her personal data does not otherwise comply with this Regulation.

3. That right is relevant in particular where the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet.

4. The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child.

5. However, the further retention of the personal data should be lawful where it is necessary, for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, on the grounds of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.

* This title is an unofficial description.