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Individual rights

Human rights

MODULE CONTENTS

This module introduces the rights of individuals, as the Regulations have strengthened existing rights and established new ones. As with non-compliance with data protection principles, the penalty for non-compliance can be severe. In addition, the obligation to provide information requires certain populations to be able to explain it to customers.

PEDAGOGICAL OBJECTIVES

Know the rights of individuals with regard to the GDPR:

  • right to portability
  • right of access
  • right of rectification
  • right to oblivion
  • right to information
  • right of opposition
  • right to claim
  • right to compensation

With the European Regulation the rights of individuals are really strengthened, and new ones are created!

The changes are considerable: changing service providers, easily and on request, having access to all your personal data...

First of all, you should know that if a person wishes to exercise one of his rights with a company, the company must give him a favourable response within one month, three months if the request is complex... And it goes fast!

The right to portability established by the European Regulation allows you to request personal data that you have provided, or that comes from your activity: e-mails sent or received, contact list, photos and videos...

The right to portability also makes it possible to recover one's personal data in order to transfer them to another organisation: telephone operator, mutual insurance company, Internet or telecom provider, bank, etc.

And this transfer can be done by the person himself or by the organization holding the data, if it is technically possible.

We must add that only data processed with the consent of the person or within the framework of a contract are concerned.

The right of access applies to all personal data.

Let us imagine that you want to know what is in your medical file. By exercising your right of access, you will be able to receive a copy of all your personal data contained in your file free of charge.

And it is the same principle for social networks, banks, administrations, search engines... All you have to do is prove your identity.

If you discover false information, you can ask for it to be changed: this is the right to rectification. This prevents the propagation of false information on the net...

Moreover, speaking of deletion, we need to address the right to digital oblivion...

This summer, you lived a very nice love story, unfortunately over. Only, your holiday photos, which you had posted on a social network, are still visible to everyone. With the right to digital oblivion, you can ask the social network to delete them.

And there are other examples where the right to digital oblivion is useful! Dereferencing of a search engine, prejudicial information...

These rights give people real control over their personal data. And more freedom, more transparency.

Transparency has also become a major point of the European Regulation. From now on, each individual must be informed of the processing of his or her data in a clear, complete and concise manner. It must be possible to know who to contact to assert one's rights, such as the right to object to commercial solicitation or profiling...

And if a person finds a violation of the Regulation or misuse of his personal data, he has the right to lodge a complaint directly with the Control Authority.

A right to compensation has been provided for in the event of proven non-compliance.