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M. Paraschou Law

GDPR – DATA SUBJECT RIGHTS & LAWFUL BASES OF PROCESSING: Part 2

Data Subject Rights

Pursuant to the GDPR, a Data Subject is afforded specific rights in relation to its Personal Data collected and processed by a Data Controller. Namely, a Data Subject has the following rights:

  1. Right to access: Individuals have the right to obtain a confirmation as to whether their personal data is being processed and to access that data.
  2. Right to rectification: Individuals can request that inaccurate or incomplete personal data be corrected or updated.
  3. Right to erasure (right to be forgotten): Individuals have the right to request the deletion of their personal data, when the processing of the data is no longer necessary.
  4. Right to data portability: Individuals can request a copy of their personal data in a structured, commonly used, and machine-readable format
  5. Right to object: Individuals have the right to object to the processing of their personal data in certain situations, such as for direct marketing purposes.
  6. Right to restriction of processing: Individuals can request that the processing of their personal data be restricted in certain circumstances, such as when the accuracy of the data is contested or when the processing is unlawful.
  7. Right not to be subject to a decision based solely on automated processing: Individuals have a right not to be subject to such a decision if it produces an adverse legal effect or significantly affects them.

Depending on the circumstances of each case, the exercise of certain Data Subject rights, such as the Right to Erasure, may not always be satisfied, if a lawful basis exists (other than consent) for the processing of the relevant data.

Lawful Bases of Processing

In accordance with the GDPR, Personal Data may only be processed if there is a lawful basis for such processing. Article 6 sets out an exhaustive list of circumstances which render the processing of Personal Data lawful.

Special Category Data, being more sensitive in nature, require the processing to rely on an additional lawful basis from an exhaustive list set out by Article 9 of the GDPR.

Looking to find out more? Contact our team at info@ paraschou.com.cy

Coming up on Friday 7th June: Personal Data Protection – Dos & Don’ts, Tips & Tricks

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