GDPR | Seers Article
The Right of Access for data subjects was one of the rights introduced under GDPR.
In general terms, the General Data Protection Regulation (GDPR) provides individuals with the right to request information on how companies are handling their personal data. This is known as a Data Subject Access Request (DSAR). A data subject can request an email, or a form (online), or in any other form of communication. Then, a company will verify the requestor’s identity and his data in its data ecosystem and lastly track the request to resolution.
This process takes approximately 30-45 days.
The DSARs include:
Also, GDPR and CCPA data subject access requests are mostly shown through an online privacy rights request form.
It sounds simple, but there are various challenges in fulfilling subject data requests. The most complex step for many organisations is finding personal data and tying it back to the data subjects.
Consider the following points:
Unluckily, as compared to massive growth in data accumulation, there has been no matched effort for data management and data governance.
Therefore, the potential consequences are amplified such as data breaches, data misuse, loss of customer’s trust and more.
In response, companies have put more resources into implementing security controls to restrict access to their data. However, security focuses on who uses the data, and Privacy is about how the data is being used and also the purpose of its usage.
Companies are under strict obligations to respect and respond to the requests about the Data subject rights, such as “right-to-be-forgotten”.
To accomplish basic compliance, a company must understand what personal data they possess, also its location and purpose.
Until now, the basic data inventory is a manual one which consists of application data owner survey and spreadsheets.
Intake, verify, search, deletion, and response are five DSAR processes and fulfillment capabilities. Fulfillment of DSAR is important for the compliance requirements of both the California Consumer Privacy Act and the General Data Protection Regulation.
Though, CCPA and GDPR have a unique take on data subject access requests processes. Below five capabilities are crucial for data privacy and data management initiative.
Data subjects make requests through a process known as intake. The request can be made via an online form, whereas law requires data subjects to make a request by an email or other communication means.
The company will track and manage the request through to resolution.
The verification of the requestor’s identity is the next step. Companies are providing online services; many require customers to login and verify their identity.
GDPR requires that the enterprise should confirm the data subject’s existence form their ecosystem and then locate the corresponding info to include in the response.
For fulfillment of the request, enterprises need to search and locate a requestor’s personal data in their data ecosystem. An information type an enterprise search for can differ, which can be based on data subject type.
The searching process identifies relevant personal data attributes, categories, and a company’s purpose to collect and process the subject’s information. Then, the search process will identify specific systems and locations containing the data subject’s personal data.
To respond for deletion, an enterprise must validate which systems data can be deleted from is based on regulatory or business constraints.
A business constraint could be a warranty registration database containing personal information. An enterprise can refuse to delete a data subject’s information from the database as it impedes fulfilling a legal obligation to render a customer with, say, an extended warranty on his purchase.
Templates help to ensure that the DSAR fulfillment process is efficient and consistent. All communications and activities must be recorded into a reporting dashboard and audit trail to demonstrate accountability, compliance, and progress towards resolving requests.Conclusion
The subject access request is thus the request whereby an individual legally exercises their right to access data collected on them. They may then decide if there is an issue with the data or if they would like to exercise their right to erasure or not.
Every organisation that falls under the jurisdiction of the EU must grant each subject access request to be dealt with privacy, security and in an in-depth manner to comply with the law. Failure to manage or to cater to the subject access requests has resulted in massive penalties and fines against large companies in the past.
Frequently Asked Questions:
1) Can a company refuse a subject access request?
Section 53, DPA 2018, states that if your request is unfounded or if you make excessive requests, your employer can refuse to provide your information or charge a reasonable fee for it.
2) What does a subject access request show?
Under Data Protection legislation, a consumer can exercise their rights to collect information held on them. The process is called a subject access request, which entitles an individual a right of access. Through this right, they can verify information held on them on police computers.
3) Can a subject access request be vexatious?
An authority can refuse a request if the requester is vexatious. However, if a data subject has requested information on himself, the authority must tackle the request as a subject access request under the Data Protection Act 1998.
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