Learning Material Sample

Data Protection law in the UK

7. The Rights of Data Subjects

The rights that Data Subjects have under DPA 2018.

Data protection ...

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...to processing

At the point that data is collected individuals must be informed that their data is b...

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...so fine to include links to the privacy information of processors and sub-processors.
In line with the principle of transparency, there is a legal obligation for data controllers to allow data subjects to confirm whether or not an organisation is processing their personal data and, if so, review the information held about them; achieved by submitting a subje...

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...automated processing

Obtaining a copy of the individual personal data held

An individual is only entitled to their own personal data, and not to information relating to other people (unless the information also relates to them or they are acting on behalf of someone).

An individual can make a subject access reque...

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...r awareness at all levels of an organisation.
A subject access request ...

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...a subject access request.
Rectification

The right of rectification is aligned with the principle of data being accurate. Individuals have the right to request that inaccurate or incomplete be rectified or erased. As with the right to erasure, a request for rectification can be made in writing or verbally and the organisation has one month to respond to such a request.

Erasure ‘the right to be forgotten’

Deletion of all personal data by a data controller may be requested by the data subject and if there is no legitimate basis for continued processing, this request must be met.

Circumstances where this applies:

The data is no longer needed

The processing was based on consent that is withdrawn

Objection by th...

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...keting. Unless the organisation has a compelling reason for not doing so it must comply with a data subject’s objection. As with other requests, the data subject can object to processing either verbally or in writing and the organisation has one month to respond.

Other requirements

Notification of third parties

Where the rights of a data subject are exercised the data controller must ensure that the request is actioned by any third parties involved in the processing of the data. It is important that firms identify who these third parties might be and establish a mechanism for correcting or erasing data held by them.

How can subject access requests be made?

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