GDPR: Enhanced rights for individuals
NEW RULES, NEW RIGHTS, NEW RECOURSE
From 25 May 2018 the new GDPR regulations provide individuals with much stronger rights over how their personal data is stored, processed and shared.
UNDER THE NEW RULES, YOU NOW HAVE...
THE RIGHT TO BE INFORMED about the collection and use of your personal
data at the time of collection
THE RIGHT OF ACCESS to all data held on you by an organisation and
how it is used
THE RIGHT TO RECTIFICATION of inaccurate or incomplete data
THE RIGHT TO ERASURE (`RIGHT TO BE FORGOTTEN') of data no longer necessary not an
absolute right and only applies in certain circumstances
THE RIGHT TO RESTRICT PROCESSING where data can be stored but not used not
an absolute right
THE RIGHT TO DATA PORTABILITY allowing you to obtain and reuse data - that you have
provided - for your own purposes
THE RIGHT TO OBJECT to your data being used for profiling, direct marketing,
research or other purposes
RIGHTS IN RELATION TO AUTOMATED DECISION MAKING AND PROFILING where processing is automated without any human
intervention is it necessary, legal, authorised and consented to?
THINGS TO CONSIDER ABOUT YOUR PERSONAL DATA...
Do you know which organisations hold your data? Was the data obtained with your fully informed consent, or on another valid legal basis, and for the specific
purpose for which it is being used? Is it still necessary for the organisation to be storing and/or processing any or all of your data? Is the data they hold about you accurate and complete?
If the answer to any of the questions above is `no' (or `not sure') you have the right to contact the organisation via a data subject access request for details of all data held on you. This has to be provided free of charge and within one month of the request.
Collyer Bristow's CB Comply team can advise you on asserting any of your newly extended rights, including making a data subject access request, as well as analysing the response and verifying the lawfulness of the data being held and processed, and any subsequent recourse or redress. We can also advise you on how to make a complaint to the Information Commissioner's Office, and/or on making a claim for compensation.
Please contact a member of the team at firstname.lastname@example.org or +44 (0) 20 7242 7363.
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