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Article 15
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Right of access by the data subject

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Key words related to article 15

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(63) A data subject should have the right of access to personal data which have been collected concerning him or her, and to exercise that right easily and at reasonable intervals, in order to be aware of, and verify, the lawfulness of the processing. This includes the right for data subjects to have access to data concerning their health, for example the data in their medical records containing information such as diagnoses, examination results, assessments by treating physicians and any treatment or interventions provided. Every data subject should therefore have the right to know and obtain communication in particular with regard to the purposes for which the personal data are processed, where possible the period for which the personal data are processed, the recipients of the personal data, the logic involved in any automatic personal data processing and, at least when based on profiling, the consequences of such processing. Where possible, the controller should be able to provide remote access to a secure system which would provide the data subject with direct access to his or her personal data. That right should not adversely affect the rights or freedoms of others, including trade secrets or intellectual property and in particular the copyright protecting the software. However, the result of those considerations should not be a refusal to provide all information to the data subject. Where the controller processes a large quantity of information concerning the data subject, the controller should be able to request that, before the information is delivered, the data subject specify the information or processing activities to which the request relates.

(64) The controller should use all reasonable measures to verify the identity of a data subject who requests access, in particular in the context of online services and online identifiers. A controller should not retain personal data for the sole purpose of being able to react to potential requests.

(73) Restrictions concerning specific principles and the rights of information, access to and rectification or erasure of personal data, the right to data portability, the right to object, decisions based on profiling, as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers may be imposed by Union or Member State law, as far as necessary and proportionate in a democratic society to safeguard public security, including the protection of human life especially in response to natural or manmade disasters, the prevention, investigation and prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security, or of breaches of ethics for regulated professions, other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, the keeping of public registers kept for reasons of general public interest, further processing of archived personal data to provide specific information related to the political behaviour under former totalitarian state regimes or the protection of the data subject or the rights and freedoms of others, including social protection, public health and humanitarian purposes. Those restrictions should be in accordance with the requirements set out in the Charter and in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

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41) Whereas any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing; whereas, for the same reasons, every data subject must also have the right to know the logic involved in the automatic processing of data concerning him, at least in the case of the automated decisions referred to in Article 15 (1); whereas this right must not adversely affect trade secrets or intellectual property and in particular the copyright protecting the software; whereas these considerations must not, however, result in the data subject being refused all information;

(42) Whereas Member States may, in the interest of the data subject or so as to protect the rights and freedoms of others, restrict rights of access and information; whereas they may, for example, specify that access to medical data may be obtained only through a health professional;

(43) Whereas restrictions on the rights of access and information and on certain obligations of the controller may similarly be imposed by Member States in so far as they are necessary to safeguard, for example, national security, defence, public safety, or important economic or financial interests of a Member State or the Union, as well as criminal investigations and prosecutions and action in respect of breaches of ethics in the regulated professions; whereas the list of exceptions and limitations should include the tasks of monitoring, inspection or regulation necessary in the three last-mentioned areas concerning public security, economic or financial interests and crime prevention; whereas the listing of tasks in these three areas does not affect the legitimacy of exceptions or restrictions for reasons of State security or defence;

(44) Whereas Member States may also be led, by virtue of the provisions of Community law, to derogate from the provisions of this Directive concerning the right of access, the obligation to inform individuals, and the quality of data, in order to secure certain of the purposes referred to above;

The GDPR

The Regulation does not actually provide for anything new as to the right to access but accepts the principle contained in the Directive: the data subject shall have the right to obtain confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data.

Specific information must be given pursuant to the right of access. Compared to the previous system, new information elements are provided for, such as, in particular, the obligation to inform the data subject about the period of storage, of their right to rectification and erasure, of their right to lodge a complaint with a supervisory authority, of the specific safeguards taken in case of data transfer to a third country or an international organization or information on the existence of an automated decision including profiling.

If so requested, the data subject is entitled to be issued a copy of the data. Such copy must be free of charge because the final text provide for a payment of fees on the basis of the administrative costs of controller for the subsequent copies only. On the other hand, the text says nothing about the possible costs related to the access without a copy (while the previous version explicitly provided for the free access with no payment at regular intervals). The provision also states that the information may be provided electronically, unless otherwise requested, when the request for access was made electronically.

Finally, the final version of the Regulation stipulates in paragraph 4 that the right to obtain a copy must not adversely affect the rights and freedoms of others. In the previous version of the Regulation, an exception to the right to obtain a copy could be made if the issue of copies involved the disclosure of confidential data or was likely to infringe intellectual property rights on processing.

The Directive

In its Article 12, the Directive already granted a broad right of access to e data to data subjects.

Potential issues

For controllers who have already implemented a procedure for access to their processing, the new provision will bring an update only.

The only exception to the right to obtain a copy of data undergoing processing in Article 15 (4) however, leaves us puzzled. According to this provision, the right to obtain a copy may not adversely affect the rights and freedoms of others.

The exception is dangerous insofar as it is formulated too broadly and that it seems to imply that any conflict between, on one hand, the right to obtain a copy and, on the other hand, the rights and freedoms of others will be always settled to the prejudice to the first one, which would be unacceptable.

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Summary

European Union

European Union

European Data Protection Board (EDPB)

Guidelines 01/2022 on data subject rights - Right of access​ (28 March 2023) (Anglais)

The right of access of data subjects is enshrined in Art. 8 of the EU Charter of Fundamental Rights. It has been a part of the European data protection legal framework since its beginning and is now further developed by more specified and precise rules in Art. 15 GDPR.

Aim and overall structure of the right of access

The overall aim of the right of access is to provide individuals with sufficient, transparent and easily accessible information about the processing of their personal data so that they can be aware of and verify the lawfulness of the processing and the accuracy of the processed data. This will make it easier - but is not a condition - for the individual to exercise other rights such as the right to erasure or rectification.

The right of access according to data protection law is to be distinguished from similar rights with other objectives, for example the right of access to public documents which aims at guaranteeing transparency in public authorities’ decision-making and good administrative practice.

However, the data subject does not have to give reasons for the access request and it is not up to the controller to analyse whether the request will actually help the data subject to verify the lawfulness of the relevant processing or exercise other rights. The controller will have to deal with the request unless it is clear that the request is made under other rules than data protection rules.

The right of access includes three different components:

- Confirmation as to whether data about the person is processed or not,

- Access to this personal data and

- Access to information about the processing, such as purpose, categories of data and recipients, duration of the processing, data subjects’ rights and appropriate safeguards in case of third country transfers.

General considerations on the assessment of the data subject’s request

When analysing the content of the request, the controller must assess whether the request concerns personal data of the individual making the request, whether the request falls within the scope of Art. 15 and whether there are other, more specific, provisions that regulate access in a certain sector. It must also assess whether the request refers to all or only parts of the data processed about the data subject.

There are no specific requirements on the format of a request. The controller should provide appropriate and user-friendly communication channels that can easily be used by the data subject. However, the data subject is not required to use these specific channels and may instead send the request to an official contact point of the controller. The controller is not obliged to act on requests that are sent to completely random, or apparently incorrect, addresses.

Where the controller is not able to identify data that refers to the data subject, it shall inform the data subject about this and may refuse to give access unless the data subject provides additional information that enables identification. Further more, if the controller has doubts about whether the data subject is who they claim to be, the controller may request additional information in order to confirm the identity of the data subject. The request for additional information must be proportionate to the type of data processed, the damage that could occur etc. in order to avoid excessive data collection.

Scope of the right of access

The scope of the right of access is determined by the scope of the concept of personal data as defined in Art. 4(1) GDPR. Aside from basic personal data like name, address, phone number etc. a broad variety of data may fall within this definition like medical findings, history of purchases, creditworthiness indicators, activity logs, search activities etc. Personal data which have undergone pseudonymisation are still personal data as opposed to anonymised data. The right of access refers to personal data concerning the person making the request. This should not be interpreted overly restrictively and may include data that could concern other persons too, for example communication history involving incoming and outgoing messages. In addition to providing access to the personal data, the controller has to provide additional information about the processing and on data subjects’ rights. Such information can be based on what is already compiled in the controller’s record of processing activities (Art. 30 GDPR) and the privacy notice (Art. 13 and 14 GDPR). However, this general information may have to be updated to the time of the request or tailored to reflect the processing operations that are carried out in relation to the specific person making the request.

How to provide access

The ways to provide access may vary depending on the amount of data and the complexity of the processing that is carried out. Unless explicitly stated otherwise, the request should be understood as referring to all personal data concerning the data subject and the controller may ask the data subject to specify the request if they process a large quantity of data.

The controller will have to search for personal data throughout all IT systems and non-IT filing systems based on search criteria that mirrors the way in which the information is structured, for example name and customer number. The communication of data and other information about the processing must be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The more precise requirements in this regard depend on the circumstances of the data processing as well as the data subject’s ability to grasp and comprehend the communication (for example taking into account that the data subject is a child or a person with special needs). If the data consists of codes or other “raw data”, these may have to be explained in order to make sense to the data subject.

The main modality for providing access is to provide the data subject with a copy of their data but other modalities (such as oral information and on site access) can be foreseen if the data subject requests it. The data can be sent by e-mail, provided that all necessary safeguards are applied taken into consideration, for example, the nature of the data, or in other ways, for example a self-service tool.

Sometimes, when there is a large quantity of data and it would be difficult for the data subject to comprehend the information if given all in one bulk – especially in the online context - the most appropriate measure could be a layered approach. Providing information in different layers may facilitate the data subject’s understanding of the data. The controller must be able to demonstrate that the layered approach has an added value for the data subject and all layers should be provided at the same time if the data subject chooses it.

The copy of the data and the additional information should be provided in a permanent form such as written text, which could be in a commonly used electronic form, so that the data subject can easily download it. The data can be given in a transcript or a compiled form as long as all the information is included and this does not alter or change the content of the information.

The request must be fulfilled as soon as possible and in any event within one month of receipt of the request. This can be extended by two further months where necessary, taking into account the complexity and number of the request. The data subject then has to be informed about the reason for the delay. The controller must implement necessary measures to deal with requests as soon as possible and adapt these measures to the circumstances of the processing. Where data is stored only for a very short period, there must be measures to guarantee that a request for access can be fulfilled without the data being erased while the request is being dealt with. Where a large quantityof data is processed, the controller will have to put in place routines and mechanisms that are adapted to the complexity of the processing.

The assessment of the request should reflect the situation at the moment when the request was received by the controller. Even data that may be incorrect or unlawfully processed will have to be provided. Data that has already been deleted, for example in accordance with a retention policy, and therefore is no longer available to the controller cannot be provided.

Limits and restrictions

The GDPR allows for certain limitations of the right of access. There are no further exemptions or derogations. The right of access is without any general reservation to proportionality with regard to the efforts the controller has to take to comply with the data subject´s request.

According to Art. 15(4) the right to obtain a copy shall not adversely affect the rights and freedoms of others. The EDPB is of the opinion that these rights must be taken into consideration not only when granting access by providing a copy, but also, if access to data is provided by other means (on-site access for example). Art. 15(4) is not, however, applicable to the additional information on the processing as stated in Art. 15(1) lit. a.-h. The controller must be able to demonstrate that the rights or freedoms of others would be adversely affected in the concrete situation. Applying Art. 15(4) should not result in refusing the data subject’s request altogether; it would only result in leaving out or rendering illegible those parts that may have negative effects for the rights and freedoms of others.

Art. 12(5) GDPR allows controllers to reject requests that are manifestly unfounded or excessive, or to charge a reasonable fee for such requests. These concepts have to be interpreted narrowly. Since there are very few prerequisites regarding access requests, the scope of considering a request as manifestly unfounded is rather limited. Excessive requests depend on the specifics of the sector in which the controller operates. The more often changes occur in the controller’s data base, the more often the data subject may be permitted to request access without it being excessive. Instead of refusing access, the controller may decide to charge a fee from the data subject. This would only be relevant in the case of excessive requests in order to cover the administrative costs that such requests may cause. The controller must be able to demonstrate the manifestly unfounded or excessive character of a request.

Restrictions of the right of access may also exist in Member States’ national law as per Art. 23 GDPR and the derogations therein. Controllers who intend to rely on such restrictions must carefully check the requirements of the national provisions and take note of any specific conditions that may apply. Such conditions may be that the right of access is only temporarily delayed or that the restriction only applies to certain categories of data.

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Article 29 Working Party

Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679 - wp251rev.01 (6 February 2018)

(Endorsed by the EDPB)

The General Data Protection Regulation (the GDPR), specifically addresses profiling and automated individual decision-making, including profiling.

Profiling and automated decision-making are used in an increasing number of sectors, both private and public. Banking and finance, healthcare, taxation, insurance, marketing and advertising are just a few examples of the fields where profiling is being carried out more regularly to aid decision-making.

Advances in technology and the capabilities of big data analytics, artificial intelligence and machine learning have made it easier to create profiles and make automated decisions with the potential to significantly impact individuals’ rights and freedoms.

The widespread availability of personal data on the internet and from Internet of Things (IoT) devices, and the ability to find correlations and create links, can allow aspects of an individual’s personality or behaviour, interests and habits to be determined, analysed and predicted.

Profiling and automated decision-making can be useful for individuals and organisations, delivering benefits such as:

  • increased efficiencies; and
  • resource savings.

They have many commercial applications, for example, they can be used to better segment markets and tailor services and products to align with individual needs. Medicine, education, healthcare and transportation can also all benefit from these processes.

However, profiling and automated decision-making can pose significant risks for individuals’ rights and freedoms which require appropriate safeguards.

These processes can be opaque. Individuals might not know that they are being profiled or understand what is involved.

Profiling can perpetuate existing stereotypes and social segregation. It can also lock a person into a specific category and restrict them to their suggested preferences. This can undermine their freedom to choose, for example, certain products or services such as books, music or newsfeeds. In some cases, profiling can lead to inaccurate predictions. In other cases it can lead to denial of services and goods and unjustified discrimination.

The GDPR introduces new provisions to address the risks arising from profiling and automated decision-making, notably, but not limited to, privacy. The purpose of these guidelines is to clarify those provisions.

This document covers:

  • Definitions of profiling and automated decision-making and the GDPR approach to these in general – Chapter II
  • General provisions on profiling and automated decision-making – Chapter III
  • Specific provisions on solely automated decision-making defined in Article 22 - Chapter IV
  • Children and profiling – Chapter V
  • Data protection impact assessments and data protection officers– Chapter VI

The Annexes provide best practice recommendations, building on the experience gained in EU Member States.

The Article 29 Data Protection Working Party (WP29) will monitor the implementation of these guidelines and may complement them with further details as appropriate.

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Summary

European Union

European Union

CJEU caselaw

C-553/07 (7 May 2009) - Rijkeboer

Article 12(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data requires Member States to ensure a right of access to information on the recipients or categories of recipient of personal data and on the content of the data disclosed not only in respect of the present but also in respect of the past. It is for Member States to fix a time-limit for storage of that information and to provide for access to that information which constitutes a fair balance between, on the one hand, the interest of the data subject in protecting his privacy, in particular by way of his rights to object and to bring legal proceedings and, on the other, the burden which the obligation to store that information represents for the controller.

Rules limiting the storage of information on the recipients or categories of recipient of personal data and on the content of the data disclosed to a period of one year and correspondingly limiting access to that information, while basic data is stored for a much longer period, do not constitute a fair balance of the interest and obligation at issue, unless it can be shown that longer storage of that information would constitute an excessive burden on the controller. It is, however, for national courts to make the determinations necessary.

Opinion of Advocate general

Judgment of the Court

C-486/12 (12 December 2013) - X

1.      Article 12(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as not precluding the levying of fees in respect of the communication of personal data by a public authority.

2.      Article 12(a) of Directive 95/46 must be interpreted as meaning that, in order to ensure that fees levied when the right to access personal data is exercised are not excessive for the purposes of that provision, the level of those fees must not exceed the cost of communicating such data. It is for the national court to carry out any verifications necessary, having regard to the circumstances of the case.

Judgment of the Court

C-131/12 (13 May 2014)

1.      Article 2(b) and (d) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are to be interpreted as meaning that, first, the activity of a search engine consisting in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a particular order of preference must be classified as ‘processing of personal data’ within the meaning of Article 2(b) when that information contains personal data and, second, the operator of the search engine must be regarded as the ‘controller’ in respect of that processing, within the meaning of Article 2(d).

2.      Article 4(1)(a) of Directive 95/46 is to be interpreted as meaning that processing of personal data is carried out in the context of the activities of an establishment of the controller on the territory of a Member State, within the meaning of that provision, when the operator of a search engine sets up in a Member State a branch or subsidiary which is intended to promote and sell advertising space offered by that engine and which orientates its activity towards the inhabitants of that Member State.

3.      Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46 are to be interpreted as meaning that, in order to comply with the rights laid down in those provisions and in so far as the conditions laid down by those provisions are in fact satisfied, the operator of a search engine is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its publication in itself on those pages is lawful.

4.      Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46 are to be interpreted as meaning that, when appraising the conditions for the application of those provisions, it should inter alia be examined whether the data subject has a right that the information in question relating to him personally should, at this point in time, no longer be linked to his name by a list of results displayed following a search made on the basis of his name, without it being necessary in order to find such a right that the inclusion of the information in question in that list causes prejudice to the data subject. As the data subject may, in the light of his fundamental rights under Articles 7 and 8 of the Charter, request that the information in question no longer be made available to the general public on account of its inclusion in such a list of results, those rights override, as a rule, not only the economic interest of the operator of the search engine but also the interest of the general public in having access to that information upon a search relating to the data subject’s name. However, that would not be the case if it appeared, for particular reasons, such as the role played by the data subject in public life, that the interference with his fundamental rights is justified by the preponderant interest of the general public in having, on account of its inclusion in the list of results, access to the information in question.

Opinion of Advocate general

Judgment of the Court

C-141/12 ; C-372/12 (17 July 2014) - YS e.a.

1.      Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the data relating to an applicant for a residence permit contained in an administrative document, such as the ‘minute’ at issue in the main proceedings, setting out the grounds that the case officer puts forward in support of the draft decision which he is responsible for drawing up in the context of the procedure prior to the adoption of a decision concerning the application for such a permit and, where relevant, the data in the legal analysis contained in that document, are ‘personal data’ within the meaning of that provision, whereas, by contrast, that analysis cannot in itself be so classified.

2.      Article 12(a) of Directive 95/46 and Article 8(2) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that an applicant for a residence permit has a right of access to all personal data concerning him which are processed by the national administrative authorities within the meaning of Article 2(b) of that directive. For that right to be complied with, it is sufficient that the applicant be in possession of a full summary of those data in an intelligible form, that is to say a form which allows that applicant to become aware of those data and to check that they are accurate and processed in compliance with that directive, so that he may, where relevant, exercise the rights conferred on him by that directive.

3.      Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities.

Opinion of Advocate general

Judgment of the Court

C-398/15 (9 March 2017) - Manni

Article 6(1)(e), Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, read in conjunction with Article 3 of the First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community, as amended by Directive 2003/58/EC of the European Parliament and of the Council of 15 July 2003, must be interpreted as meaning that, as EU law currently stands, it is for the Member States to determine whether the natural persons referred to in Article 2(1)(d) and (j) of that directive may apply to the authority responsible for keeping, respectively, the central register, commercial register or companies register to determine, on the basis of a case-by-case assessment, if it is exceptionally justified, on compelling legitimate grounds relating to their particular situation, to limit, on the expiry of a sufficiently long period after the dissolution of the company concerned, access to personal data relating to them, entered in that register, to third parties who can demonstrate a specific interest in consulting that data.

Opinion of Advocate general

Judgment of the Court

C-154/21 (12 January 2023) - Österreichische Post 

Article 15(1)(c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

must be interpreted as meaning that the data subject’s right of access to the personal data concerning him or her, provided for by that provision, entails, where those data have been or will be disclosed to recipients, an obligation on the part of the controller to provide the data subject with the actual identity of those recipients, unless it is impossible to identify those recipients or the controller demonstrates that the data subject’s requests for access are manifestly unfounded or excessive within the meaning of Article 12(5) of Regulation 2016/679, in which cases the controller may indicate to the data subject only the categories of recipient in question.

Opinion of Advocate general

Judgment of the Court

C-487/21 (4 May 2023) - Österreichische Datenschutzbehörde

1.      The first sentence of Article 15(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

must be interpreted as meaning that the right to obtain from the controller a copy of the personal data undergoing processing means that the data subject must be given a faithful and intelligible reproduction of all those data. That right entails the right to obtain copies of extracts from documents or even entire documents or extracts from databases which contain, inter alia, those data, if the provision of such a copy is essential in order to enable the data subject to exercise effectively the rights conferred on him or her by that regulation, bearing in mind that account must be taken, in that regard, of the rights and freedoms of others.

2.      The third sentence of Article 15(3) of Regulation 2016/679

must be interpreted as meaning that the concept of ‘information’ to which it refers relates exclusively to the personal data of which the controller must provide a copy pursuant to the first sentence of that paragraph.

Judgment of the court

Opinion of the advocate general

C-579/21 (22 june 2023) - Pankki S

1.      Article 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), read in the light of Article 99(2) of that regulation,

must be interpreted as meaning that it is applicable to a request for access to the information referred to in that provision where the processing operations which that request concerns were carried out before the date on which that regulation became applicable, but the request was submitted after that date.

2.      Article 15(1) of Regulation 2016/679

must be interpreted as meaning that information relating to consultation operations carried out on a data subject’s personal data and concerning the dates and purposes of those operations constitutes information which that person has the right to obtain from the controller under that provision. On the other hand, that provision does not lay down such a right in respect of information relating to the identity of the employees of that controller who carried out those operations under its authority and in accordance with its instructions, unless that information is essential in order to enable the person concerned effectively to exercise the rights conferred on him or her by that regulation and provided that the rights and freedoms of those employees are taken into account.

3.      Article 15(1) of Regulation 2016/679

must be interpreted as meaning that the fact that the controller is engaged in the business of banking and acts within the framework of a regulated activity and that the data subject whose personal data has been processed in his or her capacity as a customer of the controller was also an employee of that controller has, in principle, no effect on the scope of the right of access conferred on that data subject by that provision.

Judgment of the court

Opinion of the advocate general

C‑307/22, FT v. DW, (23 October 2023)

1.      Article 12(5) and Article 15(1) and (3) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

must be interpreted as meaning that the controller is under an obligation to provide the data subject, free of charge, with a first copy of his or her personal data undergoing processing, even where the reason for that request is not related to those referred to in the first sentence of recital 63 of that regulation.

2.      Article 23(1)(i) of Regulation 2016/679

must be interpreted as meaning that a piece of national legislation adopted prior to the entry into force of that regulation is capable of falling within the scope of that provision. However, such a possibility does not permit the adoption of a piece of national legislation which, with a view to protecting the economic interests of the controller, makes the data subject bear the costs of a first copy of his or her personal data undergoing processing.

3.      The first sentence of Article 15(3) of Regulation 2016/679

must be interpreted as meaning that, in the context of a doctor-patient relationship, the right to obtain a copy of personal data undergoing processing means that the data subject must be given a faithful and intelligible reproduction of all those data. That right entails the right to obtain a full copy of the documents included in his or her medical records and containing, inter alia, those data if the provision of such a copy is essential in order to enable the data subject to verify how accurate and exhaustive those data are, as well as to ensure they are intelligible. Regarding data relating to the health of the data subject, that right includes in any event the right to obtain a copy of the data in his or her medical records containing information such as diagnoses, examination results, assessments by treating physicians and any treatment or interventions provided to him or her.

Judgment of the court

Opinion of the advocate general

C-312/23 (27 mai 2024) - Addiko Bank (Only available in French and Croatian. French version below.) 

1)      L’article 15, paragraphe 3, première phrase, du règlement (UE) 2016/679 du Parlement européen et du Conseil, du 27 avril 2016, relatif à la protection des personnes physiques à l’égard du traitement des données à caractère personnel et à la libre circulation de ces données, et abrogeant la directive 95/46/CE (règlement général sur la protection des données),

doit être interprété en ce sens que :

le droit, pour la personne concernée, d’obtenir une copie des données à caractère personnel la concernant et faisant l’objet d’un traitement implique qu’il soit remis à cette personne une reproduction fidèle et intelligible de l’ensemble de ces données. Ce droit suppose celui d’obtenir une copie intégrale des documents qui contiennent, entre autres, lesdites données, si la fourniture d’une telle copie est nécessaire pour permettre à la personne concernée d’en vérifier l’exactitude et l’exhaustivité ainsi que pour garantir leur intelligibilité.

2)      L’article 15, paragraphes 1 et 3, du règlement 2016/679,

doit être interprété en ce sens que :

l’obligation de fournir à la personne concernée qui en fait la demande une copie des données à caractère personnel la concernant et faisant l’objet d’un traitement s’impose au responsable du traitement, même lorsque cette demande est motivée par un but étranger à ceux visés au considérant 63, première phrase, de ce règlement.

Ordonnance de la Cour 

C-203/22 (27 February 2025) - Dun & Bradstreet Austria

1.      Article 15(1)(h) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

must be interpreted as meaning that, in the case of automated decision-making, including profiling, within the meaning of Article 22(1) of that regulation, the data subject may require the controller, as ‘meaningful information about the logic involved’, to explain, by means of relevant information and in a concise, transparent, intelligible and easily accessible form, the procedure and principles actually applied in order to use, by automated means, the personal data concerning that person with a view to obtaining a specific result, such as a credit profile.

2.      Article 15(1)(h) of Regulation 2016/679

must be interpreted as meaning that, where the controller takes the view that the information to be provided to the data subject in accordance with that provision contains data of third parties protected by that regulation or trade secrets, within the meaning of point 1 of Article 2 of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, that controller is required to provide the allegedly protected information to the competent supervisory authority or court, which must balance the rights and interests at issue with a view to determining the extent of the data subject’s right of access provided for in Article 15 of that regulation.

Judgment of the Court 
Opinion of Advocate General 

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Regulation
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Art. 15

1.   The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;

(f) the right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available information as to their source;

(h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

2.   Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

3.   The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

4.   The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
1st proposal close

Art. 15

1.           The data subject shall have the right to obtain from the controller at any time, on request, confirmation as to whether or not personal data relating to the data subject are being processed. Where such personal data are being processed, the controller shall provide the following information:

(a)     the purposes of the processing;

(b)     the categories of personal data concerned;

(c)     the recipients or categories of recipients to whom the personal data are to be or have been disclosed, in particular to recipients in third countries;

(d)     the period for which the personal data will be stored;

(e)     the existence of the right to request from the controller rectification or erasure of personal data concerning the data subject or to object to the processing of such personal data;

(f)      the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;

(g)     communication of the personal data undergoing processing and of any available information as to their source;

(h)     the significance and envisaged consequences of such processing, at least in the case of measures referred to in Article 20.

2.           The data subject shall have the right to obtain from the controller communication of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.

3.           The Commission shall be empowered to adopt delegated acts in accordance with Article 86 for the purpose of further specifying the criteria and requirements for the communication to the data subject of the content of the personal data referred to in point (g) of paragraph 1.

4.           The Commission may specify standard forms and procedures for requesting and granting access to the information referred to in paragraph 1, including for verification of the identity of the data subject and communicating the personal data to the data subject, taking into account the specific features and necessities of various sectors and data processing situations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2).
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Art. 15

1. The data subject shall have the right to obtain from the controller at

reasonable intervals and free of charge (...) confirmation as to whether or not personal data concerning him or her are being processed and w here such personal data are being processed access to the data and the following information:

(a) the purposes of the processing;

(b) (...)

(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored;

(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of the processing of personal data concerning the data subject or to object to the processing of such personal data;

(f) the right to lodge a complaint to a supervisory authority (...) ;

(g) where the personal data are not collected from the data subject, any available information as to their source;

(h) in the case of decisions based on automated processing including profiling referred to in Article 20(1) and (3), information concerning the logic involved as well as the significance and envisaged consequences of such processing.

1a. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 42 relating to the transfer.

1b. On request and without an excessive charge, the controller shall provide a copy of the personal data undergoing processing to the data subject.

2. (...)

2a. The right to obtain a copy referred to in paragraph 1b (...) shall not apply where such copy cannot be provided without disclosing personal data of other data subjects or confidential data of the controller. Furthermore, this right shall not apply if disclosing personal data would infringe intellectual property rights in relation to processing of those personal data.

3. (...)

4. (...)

 

 
Directive close

Art. 12

Member States shall guarantee every data subject the right to obtain from the controller:

(a) without constraint at reasonable intervals and without excessive delay or expense:

- confirmation as to whether or not data relating to him are being processed and information at least as to the purposes of the processing, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed,

- communication to him in an intelligible form of the data undergoing processing and of any available information as to their source,

- knowledge of the logic involved in any automatic processing of data concerning him at least in the case of the automated decisions referred to in Article 15 (1);

(b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data;

(c) notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort.
Germany
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Section 19
Provision of information to the data subject

(1) The data subject shall, at his request, be provided with information on

1.  stored data concerning him, including any reference in them to their origin,

2.  the recipients or categories of recipients to whom the data are transmitted, and

3.  the purpose of storage.

The request should specify the type of personal data on which information is to be provided. If the personal data are stored neither by automated procedures nor in non-automated filing systems, information shall be provided only in so far as the data subject supplies particulars making it possible to locate the data and the effort needed to provide the information is not out of proportion to the interest in such information expressed by the data subject. The controller shall exercise due discretion in determining the procedure for providing such information and, in particular, the form in which it is provided.

(2) Sub-Section 1 above shall not apply to personal data which are stored merely because they may not be erased due to legal, statutory or contractual provisions on their retention or exclusively serve purposes of data security or data protection control and the provision of information would require disproportionate effort.

(3) If the provision of information relates to the transfer of personal data to authorities for the protection of the constitution, to the Federal Intelligence Service, the Federal Armed Forces Counterintelligence Office and, where the security of the Federation is concerned, other authorities of the Federal Ministry of Defence, it shall be admissible only with the consent of such bodies.

(4) Information shall not be provided if

1.  this would be prejudicial to the proper performance of the duties of the controller,

2.  this would impair public safety or order or otherwise be detrimental to the Federation or a Land or

3.  the data or the fact that they are being stored must be kept secret in accordance with a legal provision or by virtue of their nature, in particular on account of an overriding justified interest of a third party

and for this reason the interest of the data subject in the provision of information must be subordinated.

(5) Reasons need not be stated for the refusal to provide information if the statement of the actual and legal reasons on which the decision is based would jeopardize the purpose pursued by refusing to provide information. In such case it shall be pointed out to the data subject that he/she may appeal to the Federal Commissioner for Data Protection and Freedom of Information.

(6) If no information is provided to the data subject, it shall at his/her request be supplied to the Federal Commissioner for Data Protection and Freedom of Information unless the relevant supreme federal authority determines in a particular case that this would jeopardize the security of the Federation or a Land. The transfer from the Federal Commissioner to the data subject must not allow any conclusions to be drawn as to the knowledge at the disposal of the controller, unless the latter consents to more extensive information being provided.

(7) Information shall be provided free of charge.

Section 34

Provision of information to the data subject

(1) At the request of the data subject, the controller shall provide information

1.  on stored data about the data subject, also where they refer to the origin of these data,

2.  on the recipient or type of recipients to whom the data are provided, and

3.  the reason for storage.

The data subject should provide a detailed description of the type of personal data he or she would like information about. If the personal data are commercially stored for the purpose of transfer, information about the origin and the recipients shall be provided even if this information is not stored. Information about the origin and recipients may be withheld if the interest in protecting trade secrets outweighs the data subject’s interest in the information.

(1a) In the cases covered by Section 28 (3) fourth sentence, the transferring body shall store the origin of the data and the recipient for two years following the transfer and shall provide the data subject with information about the origin of the data and the recipient upon request. The first sentence shall apply to the recipient accordingly.

(2) In the cases covered by Section 28b, the decision-making body shall provide the data subject with the following information upon request:

1.  probability values calculated or stored for the first time within the six months preceding the receipt of the information request,

2.  the types of data used to calculate the probability values, and

3.  how probability values are calculated and their significance, with reference to the individual case and in a form understandable to a general audience.

The first sentence shall apply mutatis mutandis when the decision-making body 

1.  stores the data used to calculate probability values without reference to specific persons but creates such reference when calculating the probability value, or

2.  uses data stored by another body.

If a body other than the decision-making body calculated

1.  the probability value or

2.  one component of the probability value,

it shall provide the decision-making body at its request with the information necessary to satisfy the information claims under the first and second sentences. In the cases covered by sentence 3 No. 1, the decision-making body shall provide the data subject with the name and address of the other body as well as the information necessary to reference the individual case, so that the data subject may assert his/her claim to information, where the decision-making body does not provide this information itself. In this case, the body that calculated the probability value shall fulfil the data subject’s request for information under the first and second sentences free of charge. The body responsible for calculating the probability value shall not be subject to the obligation referred to in the third sentence where the decision-making body uses its right under the fourth sentence. 

(3) Any body which stores personal data commercially for the purpose of transfer shall provide the data subject upon request information about stored data concerning the data subject, even where these data are neither processed by automatic procedures nor stored in a non-automated filing system. The data subject shall be informed also about data 

which currently have no reference to specific persons but for which the controller is to create such reference when responding to the information request,

which the controller does not store but uses for the purpose of providing information.

Information about the origin and recipients may be withheld if the interest in protecting trade secrets outweighs the data subject’s interest in the information. 

(4) Any body which collects, stores or modifies personal data commercially for the purpose of transfer shall provide the data subject upon request information about

1.  probability values for certain future action by the data subject transferred within the twelve months preceding the receipt of the information request, as well as the names and last-known addresses of third parties to whom the values were transferred,

2.  probability values at the time of the information request calculated according to the method used by the calculating body,

3.  the types of data used to calculate the probability values under Nos. 1 and 2, and

4.  how probability values are calculated and their significance, with reference to the individual case and in a form understandable to a general audience.

The first sentence shall apply mutatis mutandis when the responsible body 

1.  stores the data used to calculate probability values without reference to specific persons but creates such reference when calculating the probability value, or

2.  uses data stored by another body.

(5) Data stored for the purpose of providing information to data subjects pursuant to sub-sections 1a to 4 may be used only for this purpose and for data protection control; they shall be blocked for other purposes.

(6) Upon request, the information shall be provided in written form, unless another form would be more appropriate in the circumstances.

(7) There shall be no obligation to provide information when the data subject does not have to be notified in accordance with Section 33 (2) first sentence Nos. 2, 3 and 5 to 7.

(8) The information shall be free of charge. If the personal data are stored commercially for the purpose of transfer, the data subject may request information in written form once per calendar year free of charge. For each additional request a fee may be charged, if the data subject can use the information for commercial purposes with respect to third parties. The fee may not exceed the direct costs of providing the information. No fee may be charged if

1.  there is reason to believe that data are stored improperly or without permission, or

2.  the information shows that the data are to be corrected under Section 35 (1) or to be erased under Section 35 (2) second sentence No. 1. 

(9) If a fee is charged to provide information, the data subject shall be given the possibility of personal information about the data concerning him/her within the framework of his/her entitlement to information. The data subject shall be informed of this possibility.
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Article 14. Right to consult the General Data Protection Register.- Organic Law 15/1999 on the protection of Personal Data.-

Anyone may consult the General Data Protection Register to learn about the existence of personal data, their purpose and the identity of the controller. The General Register shall be open to public consultation free of charge.

Article 15.- Right of access.- Organic Law 15/1999 on the protection of Personal Data.-

1. The data subject shall have the right to request and obtain free of charge information on his personal data subjected to processing, on the origin of such data and on their communication or intended communication.

2. The information may be obtained by simply displaying the data for consultation or by indicating the data subjected to processing in writing, or in a copy, fax or photocopy, whether certified a true copy or not, in legible and intelligible form, and without using keys or codes which require the use of specific devices.

3. The right of access referred to in this Article may be exercised only at intervals of not less than twelve months, unless the data subject can prove a legitimate interest in doing so, in which case it may be exercised before then.

Article 27.- RIght of Access.- Royal Decree 1720/2007 Implementing the Organic Law 15/1999.-

1. The right of access is the right of the data subject to obtain information about whether his own personal data is subject to processing, the purpose of the processing that, if appropriate, is being done, as well as the information available on the origin of such data and the communications made or planned for them.

2. By virtue of the right of access the data subject may obtain from the data controller information regarding specific data, data included in a certain file, or the entire set of his data subjected to processing.

The aforesaid notwithstanding, when reasons of particular complexity justify it, the data controller may ask the data subject to specify the files for which he wishes to exercise the right of access, for which purpose he shall provide him a list of all the files.

3. The right of access is independent from that granted to data subjects by special laws and in particular by Act 30/1992, of 26 November, on the Legal System of the Public Administration and the Common Administrative Procedure.

Article 28.- Exercising the Right of Access.- Royal Decree 1720/2007 Implementing the Organic Law 15/1999.-

1. Upon exercising the right of access, the data subject may choose to receive the information through one or several of the following file consultation systems:

a) Screen display.

b) Letter, copy or photocopy sent by post, registered or not.

c) Facsimile.

d) E-mail or other electronic communication systems.

e) Any other system that is suitable to the configuration or material implementation of the filing system or to the nature of the processing, offered by the data controller.

2. The file consultation systems provided in the previous subsection may be restricted depending on the configuration or material implementation of the filing system or the nature of the processing, whenever that offered to the data subject is free and ensures written communication if so required.

3. Upon facilitating access the data controller shall comply with the provisions of Title VIII hereof.

Should the data controller offer a specific system for the effective exercise of the right of access and the data subject rejects it, the data controller shall not be liable for the possible risks to the security of the information that may arise from the choice.

Similarly, if the data controller offers a specific system for the effective exercise of the right of access and the data subject demands it be done through a procedure that involves a disproportionate cost, being similarly effective and guaranteeing the same security as the procedure offered by the data controller, the costs arising from such a decision shall be at the expense of the data subject.

Article 29.- Granting Access.- Royal Decree 1720/2007 Implementing the Organic Law 15/1999.-

1. The data controller shall settle the request for access within one month from its receipt. On the expiry of this time limit, if the request for access has not been expressly answered, the data subject may file a claim provided in Article 18 of Organic Law 15/1999, of 13 December.

Should the data controller not hold data subject’s personal data, he shall equally communicate this within the same period of time.

2. If the request is upheld and the data controller does not include in his communication the information to which Article 27.1 refers, access shall be made effective within the ten days following such communication.

3. The information provided, by whatever means, shall be legible and understandable, without using keys or codes that require the use of specific mechanical devices.

Such information shall comprise all the basic data of the data subject, those resulting from any computer process or preparation, as well as the information available on the origin of the data, their recipients and specification of the particular uses and purposes for which data has been stored.

Article 30.- Denial of Access.- Royal Decree 1720/2007 Implementing the Organic Law 15/1999.-

1. The data controller may deny access to the personal data when the right has already been exercised during the twelve months prior to the request, unless a legitimate interest is accredited for this purpose.

2. Access may also be denied if thus provided by law or a directly applicable community rule of law or when these prevent the data controller from disclosing to data subjects the processing of the data to which the access refers.

3. In any case, the data controller shall inform the data subject of his right to obtain the protection of the Spanish Data Protection Agency or, if appropriate, the supervisory authorities of the Autonomous Communities, pursuant to the provisions of Article 18 of Organic Law 15/1999, of 13 December.

 

 

 
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