GDPR and Data Subject Rights: A Complete Guide

The General Data Protection Regulation (GDPR) is one of the world’s most stringent data protection laws, designed to provide individuals in the European Union (EU) with greater control over their personal data. Enacted in May 2018, it has set a new global standard for privacy and security, holding organisations accountable for responsible data handling. A fundamental aspect of this regulation is the set of rights it grants to individuals, often referred to as data subjects.

These rights empower individuals to access, manage, and control their personal information held by organisations. Businesses operating in or offering services to the EU must ensure that they comply with these provisions or risk facing significant financial penalties and reputational damage. Understanding these rights is not just important for organisations but also for individuals who wish to assert control over their data.

The Right to Be Informed

Transparency is at the core of GDPR, ensuring that individuals know how and why their data is being processed. Organisations must provide clear, accessible, and concise information about data collection, usage, and retention. Privacy policies must include details such as the identity of the data controller, the purpose of processing, legal justifications, the retention period, and whom the data will be shared with.

This right aims to eliminate vague or misleading privacy practices that leave individuals unable to make informed decisions about their data. It also requires organisations to communicate this information in plain language rather than legal jargon, making it accessible to all users.

The Right of Access

Data subjects have the right to request access to their personal data, allowing them to understand how their information is processed. Organisations must provide a copy of the personal data they hold when requested, as well as explanations about processing activities, data recipients, and the duration for which data will be stored.

This right grants individuals greater transparency and helps them assess whether data processing complies with legal requirements. Organisations are required to respond to access requests within one month and cannot charge a fee unless the request is manifestly unfounded or excessive.

The Right to Rectification

Errors in personal data can lead to significant consequences, from financial discrepancies to incorrect medical records. The right to rectification enables individuals to request corrections to inaccurate or incomplete data held about them.

Organisations must verify and amend the data without undue delay, usually within one month. If data is shared with third parties, businesses must also communicate corrections to those recipients to maintain data accuracy.

The Right to Erasure (Right to Be Forgotten)

The right to erasure, commonly known as the “right to be forgotten,” allows individuals to request the deletion of their personal data under certain circumstances. This right applies when data is no longer necessary for the original purpose, the individual withdraws consent, processing is unlawful, or the individual objects to processing and there are no overriding legitimate interests.

Although this right strengthens individual privacy, it is not absolute. For example, organisations may refuse deletion requests if the data is needed for exercising freedom of expression, legal claims, or compliance with legal obligations. Organisations must carefully assess each request to determine whether an exception applies.

The Right to Restrict Processing

In some situations, individuals may not want their data erased but require processing restrictions instead. The right to restrict processing allows individuals to limit how their data is used, typically in cases where data accuracy is disputed, processing is unlawful but the individual does not wish for deletion, or the data is needed for legal claims.

While a restriction is in place, organisations can store the data but must stop processing it for other purposes. If data is shared with third parties, they must also be informed of the restrictions. This ensures that organisations do not continue using disputed or legally sensitive data without legitimate justification.

The Right to Data Portability

GDPR enhances consumer empowerment by allowing individuals to obtain and reuse their personal data across different services. The right to data portability enables individuals to request their data in a structured, commonly used, and machine-readable format and transfer it to another controller.

This right applies when data processing is based on consent or contract and is carried out by automated means. It is particularly relevant in industries such as banking, telecommunications, and social media, where users may wish to switch providers without losing their data. By facilitating seamless data transfer, GDPR fosters competition and innovation in digital services.

The Right to Object

Individuals can object to specific processing activities based on their circumstances, particularly if the processing is carried out on the grounds of legitimate interests, public interest, or direct marketing. If a data subject objects, organisations must cease processing unless they can demonstrate compelling legitimate reasons that override individual rights or the processing is necessary for legal claims.

This right is especially significant in relation to direct marketing. Once an individual objects, the organisation must immediately stop using their data for marketing purposes, ensuring that people are not subjected to unwanted communications.

Rights Related to Automated Decision-Making and Profiling

Automation and artificial intelligence are increasingly used in decision-making processes, from credit scoring to recruitment. GDPR grants individuals rights concerning automated decision-making and profiling, ensuring that significant decisions affecting them are not made solely by algorithms without human involvement.

If an automated decision has legal or similarly significant effects on an individual, they have the right to request human intervention, express their views, and contest the decision. This helps prevent biased, unfair, or opaque decision-making processes that could negatively impact people’s lives.

How Organisations Can Ensure Compliance

Meeting the requirements of GDPR and upholding individuals’ rights requires a proactive approach from organisations. Businesses must implement transparent data policies, establish efficient mechanisms to handle data subject requests, and incorporate privacy by design in their systems.

Key steps include conducting data audits to understand what personal data is collected, where it is stored, and how it is processed. Establishing clear privacy policies and ensuring that consent mechanisms are explicit and easy to understand also enhance compliance. Organisations should train employees on GDPR principles and create internal processes to handle data subject requests promptly and effectively.

Data protection officers (DPOs) play a crucial role in ensuring compliance, particularly for organisations engaging in large-scale or sensitive data processing. Engaging a DPO can help navigate complex GDPR requirements, address compliance issues, and provide guidance on best practices.

Consequences of Non-Compliance

Failure to respect data subject rights can lead to severe financial and reputational repercussions. GDPR empowers data protection authorities (DPAs) to impose penalties, with fines reaching up to €20 million or 4% of a company’s annual global turnover, whichever is higher.

Beyond financial penalties, non-compliance can erode customer trust and damage business reputations. Consumers are increasingly concerned about data privacy and are more likely to engage with companies that demonstrate a commitment to protecting their information.

High-profile cases of GDPR violations have shown that regulators are prepared to take decisive action against non-compliant organisations. Companies that fail to uphold data subject rights risk losing both customer confidence and legal standing.

The Future of Data Protection

As digital technology and global data flows continue to evolve, GDPR serves as a benchmark for data privacy laws worldwide. Many countries outside the EU have introduced similar regulations, such as the UK’s Data Protection Act, California’s Consumer Privacy Act (CCPA), and Brazil’s General Data Protection Law (LGPD).

Looking ahead, data protection laws are expected to adapt to emerging challenges such as artificial intelligence, biometric data, and cross-border data transfers. Businesses must remain vigilant and flexible, continuously reviewing and updating their data protection practices to stay aligned with evolving regulations.

For individuals, awareness of data rights remains critical. As governments and businesses navigate the complexities of data privacy, individuals should take proactive steps to understand and exercise their rights. By leveraging GDPR’s provisions, both businesses and individuals can contribute to a more transparent, secure, and ethical digital environment.