Rights of the data subject
When your personal data is processed, you are a data subject within the meaning of the GDPR and have the following rights:
Right to information
You may request the data controller to confirm whether your personal data is processed by them. If such processing occurs, you can request the following information from the data controller:
- The purpose for which the personal data is processed
- The categories of personal data being processed.
- The recipients or categories of recipients to whom the personal data have been or will be disclosed.
- The planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage.
- The existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing.
- The existence of the right to lodge a complaint with a supervisory authority.Where personal data are not collected from you any available information as to their source.
- Where personal data are not collected from you any available information as to their source.
- The existence of automated decision-making including profiling under Article 22 (1) and Article 22 (4) GDPR and, in certain cases, meaningful information about the data processing system involved, and the scope and intended result of such processing on the data subject.
- You have the right to request information on whether your personal data will be transmitted to a third country or an international organisation.
- In this context, you can then request for the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.
Right to rectification
You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay
Right to the restriction of processing
You have a right to rectification and/or modification of the data, if your processed personal data is incorrect or incomplete. The data controller must correct the data without delay
- If you challenge the accuracy of your personal data for a period that enables the data controller to verify the accuracy of your personal data.
- The processing is unlawful, and you oppose the erasure of the personal data and instead request the restriction of their use instead.
- The data controller or its representative no longer need the personal data for the purpose of processing, but you need it to assert, exercise or defend legal claims; or
- If you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate interests of the data controller override your interests.
- If the processing of personal data concerning you has been restricted, this data may – with the exception of data storage – only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
- If the processing has been restricted according to the aforementioned conditions, you will be informed by the data controller before the restriction is lifted.
Right to erasure
a) Obligation to erase
If you request from the data controller to delete your personal data without undue delay, they are required to do so immediately if one of the following applies:
- Personal data concerning you is no longer necessary for the purposes for which they were collected or processed.
- You withdraw your consent on which the processing is based pursuant to Art. 6 (1) (1) (a) and Art. 9 (2) (a) GDPR and where there is no other legal basis for processing the data.
- According to Art. 21 (1) GDPR you object to the processing of the data and there are no longer overriding legitimate grounds for processing, or you object pursuant to Art. 21 (2) GDPR.
- Your personal data has been processed unlawfully.
- The personal data must be deleted to comply with a legal obligation in Union law or Member State law to which the data controller is subject.
- Your personal data was collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) Information to third parties
If the data controller has made your personal data public and must delete the data pursuant to Art. 17 (1) GDPR, they shall take appropriate measures, including technical means, to inform data processors who process the personal data, that a request has been made to delete all links to such personal data or copies or replications of the personal data, taking into account available technology and implementation costs to execute the process.
c) Exceptions
The right to deletion does not exist if the processing is necessary:
- to exercise the right to freedom of speech and information.
- to fulfil a legal obligation required by the law of the Union or Member States to which the data controller is subject, or to perform a task of public interest or in the exercise of public authority delegated to the representative.
- for reasons of public interest in the field of public health pursuant to Art. 9 (2) (h) and Art. 9 (2) (i) and Art. 9 (3) GDPR.
- for archival purposes of public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
- to enforce, exercise or defend legal claims.
Right to information
If you have the right of rectification, erasure or restriction of processing over the data controller, they are obliged to notify all recipients to whom your personal data have been disclosed of the correction or erasure of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You reserve the right to be informed about the recipients of your data by the data controller.
Right to data portability
You have the right to receive your personal data given to the data controller in a structured and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the data controller who was initially given the data, if:
- the processing is based on consent in accordance with Art. 6 (1) (1) (a) GDPR or Art. 9 (2) (a) GDPR or performance of a contract in accordance with Art. 6 (1) (1) (b) GDPR and
- the processing is done by automated means.
In exercising this right, you also have the right to transmit your personal data directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons shall not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the data controller.
Right to object
For reasons that arise from your particular situation, you have, at any time, the right to object to the processing of your personal data pursuant to Art. 6 (1) (1) (e) or 6 (1) (1) (f) GDPR; this also applies to profiling based on these provisions.
The data controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data in regard to such advertising; this also applies to profiling associated with direct marketing.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EG, you have the option, in the context of the use of information society services, to exercise your right to object to automated decisions that use technical specifications.
Right to withdraw the data protection consent declaration
You have the right to withdraw your consent at any time. The withdrawal of consent does not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
Automated decisions on a case-by-case basis, including profiling
You have the right to not be subject to a decision based solely on automated processing – including profiling – that will have a legal effect or substantially affect you in a similar manner. This does not apply if the decision:
- is required for the conclusion or execution of a contract between you and the data controller,
- is permitted by the Union or Member State legislation to which the data controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
- is based on your explicit consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) (a) or Art. 9 (2) (b) GDPR applies and reasonable measures have been taken to protect your rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the data controller shall take appropriate measures to uphold your rights and freedoms as well as your legitimate interests, including the right to obtain assistance from the data controller or his representative, to express your opinion on the matter, and to contest the decision.
Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in the Member State of your residence, or your place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you violates the GDPR.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
