Rights to rectification must be responded to within one month.
Right to Erasure
This Right is also known as the ‘Right to be Forgotten’. It enables Data Subjects to request the deletion or removal of personal data where there is no compelling reason for its continued processing by the Data Controller.
The Right to Erasure applies in the following circumstances:
- The personal data is no longer necessary in relation to the purpose for which it was originally collected
- The processing was based on consent, and the Data Subject has now withdrawn their consent
- The Data Subject objects to processing and there is no overriding legitimate interest of the Data Controller
- The data was being unlawfully processed
- The data must be erased to comply with a legal obligation
Right to Restrict Processing
When this Right is exercised you are permitted to store the personal data but not further process it. Restricted information about the individual may be retained to ensure that the restriction is respected in the future.
The Right to Restrict Processing applies in the following circumstances:
- When a Data Subject contests the accuracy of their personal data, then processing should be restricted to storage only until accuracy is verified
- When a Data Subject objects to processing which is being carried out for the reason of performance of a task in the public interest, or for the legitimate interests of the Data Controller, then the Data Controller must restrict processing to storage only whilst they consider whether their legitimate grounds override the Rights and freedoms of the individual.
- When processing is unlawful and a Data Subject opposes erase and requests restriction to storage instead.
- When the Data Controller no longer needs the personal data but the Data Subject requires it for the purpose of a legal claim.
Right to Data Portability
This Right allows individuals to obtain and reuse their personal data for their own purposes across different services. It allows the individual to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way in a common data format, for example, Excel or CSV file.
The Right to Data Portability applies in the following circumstances:
- When the personal data was provided to the controller directly by the Data Subject
- Where the processing is based on consent or performance of a contract
- When processing is carried out by automated means Right to Object Individuals have the
- Right to object to:
- Processing based on legitimate interest or performance of a task in the public interest/exercise of official authority (including profiling)
- Direct marketing (including profiling)
- Processing for the purposes of scientific/historical research and statistics
Rights in Relation to Automatic Decision Making and Profiling
This Right provides safeguards for individuals against the risk that a potentially damaging decision is taken without human intervention.
The Right not to be subject to a decision applies when:
- It is based on automated processing
- It produces legal/significant effects on the individual It does not apply if the decision:
- Is necessary for entering into or performance of a contract
- Is authorised by law
- Is based on explicit consent
- Does not have a legal/significant effect on the data subject
31st May 2018