Your Data, Your Control: Exploring GDPR’s 8 Data Subject Rights
Introduction
The GDPR ensures that people's data privacy is protected in European Union countries, requiring organizations aiming for GDPR compliance to create systems that give top priority to safeguarding the 8 GDPR Data Subject Rights.
What is a data subject
A data subject is an individual whose personal data an organization is managing, which comes with designated rights and protections under the regulatory framework.
What are data subject rights
The GDPR law establishes GDPR Data Subject Rights to give users the capacity to shape and oversee the processing of their personal data according to their preferences.
8 Rights granted to data subjects under GDPR
1) Right to be Informed (GDPR Articles 12 to 14)
The right to information empowers individuals (data subjects) with the knowledge of what personal data is being gathered about them, the reasons for its collection, the identity of the data collector, the duration of data retention, the process for raising complaints, and the parties with whom the data will be shared.
As a data-collecting entity, you must make sure that the user is aware of the following before giving their consent to data collection:
· The kinds of data you wouldbe gathering
· The purposes for which youwould use it
· How long it will be utilisedfor
· Their legal rights under theGDPR
2) Right of Access (GDPR Article 15)
Any individual is allowed to make a Data Access Request. They can request a copy of their personal data from the Controller using their right of access.
The organisation is then required to give a copy of any personal information they hold on the person as well as other details, such as:
· The sources used to gather the data,
· The types of data you handle,
· A list of the entities and people with whom you share the data, and
· (where appropriate) details on automated decision-making
· Details regarding the eight rights of data subjects
3) Right to Rectification (GDPR Article 16)
The right to rectification permits individuals to request corrections to inaccurate or incomplete personal data held by organizations, with a one-month response deadline. Implementing this right can pose operational challenges as it may affect the integrity of the entire database.
4) Right to be Forgotten (GDPR Article 17)
The right to erasure is another name for the right to be forgotten. Data Subjects have the right to request that the Controller remove their personal data from its database.
Any person may utilise this right if:
· The Controller's data processing operations no longer require their personal information.
· The individual revokes their consent
· Illegal data processing
· The subject does not wish to cooperate with the Controller about the processing of their data.
· The deletion of all data is required by law.
5) Right to Restrict Processing (Article 18)
Data subjects have the option to restrict how their personal data is handled under the Right to Restrict Processing. When exercised, this right requires the Controller to make any required modifications but does not mandate that the data be deleted.
The right to restrict processing can be exercised by users:
· If their information is no longer reliable
· When their data is improperly processed, they prefer to restrict it rather than have it completely removed from the Controller's files.
· If the subject requests that the Controller retain their information even when the Controller is no longer in need of it. This gives the person the ability to file a legal claim, if necessary.
· The person has submitted an erasure claim, and the Controller is processing it.
6) Right to Data Portability (GDPR Article 20)
The data subject has the option to request a transfer of their personal data under this right. The data subject may request that his or her personal information be returned to him or her or transferred to another controller as part of this request. The personal information must be offered or transferred in an electronic format that can be read by a machine.
7) Right to Object to Processing (GDPR Article 21)
A data subject has the right to object when their personal information is processed by governmental agencies or businesses without their knowledge or consent. A data subject also has the right to prevent their personal information from being added to databases used for direct marketing.
8) Rights in Relation to Automated Decision Making and Profiling (GDPR Article 22)
GDPR imposes strict regulations on automated data processing, especially profiling that predicts aspects of an individual's behaviour. Individuals have the right to avoid automated decisions with significant legal impacts, unless it's contractually necessary, authorized by law, or based on their explicit consent. This safeguards individuals from unfair automated decisions.
Violation of Common GDPR Data Subject Rights
Violating GDPR Data Subject Rights can result in severe repercussions, including hefty fines up to €20 million or 4% of annual turnover, and lasting damage to an organization's reputation. Failing to protect personal data adequately may also lead to data breaches, further amplifying these financial and reputational risks. Non-compliance with GDPR carries the highest penalties and underscores the importance of effectively implementing data subject rights.
Simplify GDPR Data Subject Rights with Autodit
In conclusion, understanding and addressing the 8 Data Subject Rights according to the GDPR is crucial for businesses in today's data-driven landscape. Autodit offers a robust automated solution to simplify and accelerate GDPR compliance, minimizing the risk of substantial fines. By automating compliance processes and reinforcing data security, Autodit enables businesses to navigate the complexities of GDPR efficiently, allowing them to concentrate on what truly matters – driving growth and fostering customer confidence in an era where data privacy is paramount.