Under various data protection laws and regulations, including the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in California, individuals have specific rights regarding their personal data. These rights empower individuals to exercise control over their personal information and hold organizations accountable for how they handle and process that data. Here are some common rights of individuals regarding their personal data:
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Right to Access: Individuals have the right to request access to their personal data held by organizations. This includes information about the purposes of processing, categories of data being processed, recipients of the data, and the data's source.
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Right to Rectification: Individuals can request the correction or updating of inaccurate or incomplete personal data held by organizations. Organizations must promptly rectify any inaccuracies and inform third parties, if applicable, of the changes.
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Right to Erasure (Right to be Forgotten): Individuals have the right to request the deletion or removal of their personal data in certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected, or when the individual withdraws consent.
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Right to Restrict Processing: Individuals can request the restriction of processing of their personal data under certain conditions, such as when the accuracy of the data is contested, the processing is unlawful, or the individual has objected to the processing.
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Right to Data Portability: Individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format and transmit that data to another controller without hindrance. This right applies when the processing is based on consent or contract and is carried out by automated means.
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Right to Object to Processing: Individuals can object to the processing of their personal data for direct marketing purposes or when the processing is based on legitimate interests or public interest. Organizations must cease processing the data unless they can demonstrate compelling legitimate grounds for the processing that override the individual's interests, rights, and freedoms.
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Rights Related to Automated Decision-Making and Profiling: Individuals have the right not to be subject to decisions based solely on automated processing, including profiling, that produce legal or similarly significant effects on them. Exceptions apply when the decision is necessary for entering into or performing a contract, authorized by law, or based on explicit consent.
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Right to Withdraw Consent: Individuals have the right to withdraw consent for the processing of their personal data at any time, where consent is the legal basis for processing. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.
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Right to Lodge a Complaint: Individuals can lodge complaints with supervisory authorities if they believe that their data protection rights have been infringed. Supervisory authorities are responsible for investigating complaints, enforcing data protection laws, and imposing penalties for non-compliance.
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Right to Non-Discrimination: Individuals have the right not to be discriminated against for exercising their data protection rights. Organizations cannot deny goods or services, charge different prices, or provide a different level of service based on an individual's exercise of their privacy rights.
These rights empower individuals to exercise control over their personal data and hold organizations accountable for their data processing practices. Organizations must comply with these rights and provide mechanisms for individuals to exercise their rights effectively, such as through privacy notices, data subject access requests, and dedicated channels for communication with data protection authorities.
