Module 5 - Data Subject Rights

Question 1

Can a data subject request a data controller for access to their data held? i.e. contact details?

Answer 1

Yes, the data subject can request to amend any incorrect details. The data controller may request verification to identify the data subject.

Question 2

What is the general time period for rectifying data when requested by the data subject?

Answer 2

Without undue delay, within one month

Question 3

Can a data controller refuse to update a data subjects data?

Answer 3

yes but they need to give a reason

Question 4

How many additional months can a data controller seek a rectification extension?

Answer 4

up to 2 additional months

Question 5

What does data portability help to ensure for a data subject?

Answer 5

Data copy requests from a data controller can be provided in a sturctured commnly used machine readable format (article 20)

Question 6

Is the data controller obligated to help the individual transfer their data to another provider?

Answer 6

Yes they should use best efforts to do so

Question 7

If a controller is relying on consent from an individual to collect their data does data portability apply?

Answer 7

Yes, and/or contractual neccessity

Question 8

Does data portability apply for legitimate interests?

Answer 8

No

Question 9

When does the right to data portability apply?

Answer 9

1. When there is the consent given to collect data and data has been processed electronically
2. The data collected is concerned with the data subject and not derived/inferred
3. transferring the data does not affect the rights of others