Data subject rights—access
Data subject rights—access

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Data subject rights—access
  • The right of access and other data subject rights
  • The right of access—what is it and when does it apply?
  • Information requirements
  • Complying with access requests
  • Time limits
  • Charging a fee for complying with requests
  • Identifying the requester
  • Appropriate safeguards
  • Refusing to deal with an access request
  • More...

This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Retained Regulation (EU) 2016/679) unless expressly stated otherwise.

Article 15 of the UK GDPR provides that a data subject has the right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information—a right of access.

This Practice Note explains the right of access by the data subject contained in the UK GDPR and considers compliance strategies for businesses.

For detailed guidance on handling data subject requests, see:

  1. Practice Note: Handling data subject requests, and

  2. Flowcharts: Handling data subject requests—flowchart and Evaluating a data subject access request—flowchart

The right of access and other data subject rights

The right of access is part of a larger package of data subject rights in the UK GDPR, including:

  1. rectification, erasure and restriction of processing rights

  2. the right to data portability

  3. a right to object to processing

  4. the right not to be subject to a decision based solely on automated processing, including profiling

Other data subject rights could be impacted when dealing with a data subject access request (DSAR).

The right of access—what is it and when does it apply?

In order to allow data subjects to enforce their data protection rights, the UK GDPR obliges

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