Find out everything about the right to rectification in the GDPR
Let's continue our series of articles dedicated to people's rights! Today we are discussing the right of rectification. This article follows our 1 min video to understand everything from Monday May 2. Follow us on LinkedIn so you don't miss any news!
The GDPR strengthens the rights of individuals to ensure they have better control over their personal data. The text aims to allow the people concerned (consumers, prospects, customers, employees, partners, etc.) to have a certain visibility and power of action on the use made of their personal data. Our articles allow us to review the various rights recognized by the Data Protection Act and the GDPR, with the right of rectification.
Have a tea, a blanket, a bag of popcorn and off you go, we'll explain everything to you in 5 minutes!?
What are people's rights?
The GDPR mentions the rights of individuals in chapter 3 of the GDPR. Not all rights are systematically applicable to all processing, their application depends in particular on the legal basis of the processing.
With our old articles and those to come, we explain the following rights to you:?
- Right of access,
- Right of rectification,
- Right to object (and right to withdraw consent),
- Right to erasure,
- Right to portability
Understand everything about the right of rectification?
Article 16 of the General Data Protection Regulation provides that ' the data subject has the right to obtain from the controller the rectification, as soon as possible, of inaccurate personal data concerning him or her. Subject to the purposes of the processing, the data subject has the right to complete incomplete personal data, including by means of a supplementary declaration. "
In summary, the right of rectification allows people to:?
- Correct their data if it is inaccurate,
- Complete the processed data, if they are relevant to the purposes of the processing,
- Update the data necessary for processing.
For example, a person who moves must be able to update their address to receive the paper newspapers to which they subscribe. Another example, the person must be able to change their date of birth if it is incorrect. Such an error can harm the data subject, which is why they must be able to rectify their data. This may include the loss of a financial advantage, if depending on their age the person can access reduced rates on certain products or services.
In the event that a person exercises their right to rectification, the data controller is obliged to make the necessary changes as soon as possible. It must also inform the recipients of the data concerned of the exercise of this right so that they can in turn update the data in their own file, in accordance with the request of the data subject. This principle is posed to article 19 of the GDPR. However, it has an exception according to which the data controller is not required to inform the recipients of the data therefore that such communication proves impossible or requires disproportionate effort. "
This right can be exercised by the heirs of the person concerned, in the event that the person has died. Heirs can update the person's data by notifying that they are deceased. In the case of user accounts on social networks, most organize themselves so that the rights holders can report the death of the person. The account may then be deleted or in certain cases transformed into a commemoration account.
Limits to the right of rectification?
1st limit: The right of rectification cannot be exercised for literary, artistic and journalistic processing. ?
Article 85 of the GDPR features: " 1. Member States shall reconcile, by law, the right to protection of personal data under this Regulation and the right to freedom of expression and information, including processing for journalistic purposes and for academic, artistic or literary expression.
2. In the context of processing carried out for journalistic purposes or for the purposes of academic, artistic or literary expression, Member States shall provide for exemptions or derogations [...], in Chapter III (rights of the data subject), [...] if these are necessary to reconcile the right to protection of personal data and freedom of expression and information. "
There is a limit to the exercise of the right of rectification in the case of literary, artistic and journalistic processing.
2nd limitation: Individuals cannot directly modify the data contained in certain sensitive files. ?
The data contained in certain files cannot be communicated to individuals, even if the request comes from the person concerned. The law prohibits access to sensitive files, such as certain police files or files that affect state security. This implies that the person cannot directly rectify their data.
However, there is a way to indirectly access these files through the CNIL (article 118 of the Data Protection Act). This right of access is called the indirect right of access. The person sends their request to the CNIL which checks, on their behalf, whether the file contains information about the person. In the event that the data needs to be rectified, the person can also send their request to the same contact. For these files, the right of rectification is also exercised indirectly.
Data Comply One (formerly Mission RGPD) facing the right of rectification
You do not have time? You are lost? Is managing your compliance and more specifically people's rights complex?
✅ Data Comply One (formerly Mission RGPD) allows you to create a rights exercise form. On the Data Comply One platform (formerly Mission RGPD), you have a unique link to make available to people (on the showcase website, in the various emails, etc.). When the person wants to exercise a right, they fill out this online form directly. Once the form is completed, the request to exercise rights is automatically completed in the Data Comply One platform (formerly Mission RGPD), all you have to do is respond using our templates!
Manage your compliance with ease and peace of mind!
