RIGHT TO RECTIFICATION BY THE DATA SUBJECT

The article 16 of the GDPR is the following: “The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. 

The data subjects can use this right following these points:  

  1. Right to have incomplete personal data completed, depending on the purpose for the processing, and may involve the individual provide a supplementary statement to the incomplete data.
  2. Right to have inaccurate personal data rectified.
  3. Right to rectification requests must be handled, by data controller.
  4. Rectification is often based upon resulting information from an individual’s prior subject access request.
  5. Requests for rectification can be made to data controllers either verbally or in writing. 

That way its accuracy is guaranteed and, therefore, a lawful treatment. The data controller must identify the interested party who wishes to exercise his right of rectification through appropriate means. And you can ask this to provide additional information to confirm your identity. The data subject can ask him to present documents or information related to the inaccuracy of personal data. Since you should be able to verify the same. 

In cases where the rectification refers to incomplete data, the interested party may complete this information by means of an additional declaration. In this statement, you will provide the person in charge with the necessary information to complete what he has in his possession. It is necessary, therefore, to ask whether the personal data obtained from the interested party, or from another source, are those necessary to fulfil the purpose or purposes in question in each case. 

The exercise of this right is free, unless the request is manifestly unfounded or excessive, especially due to its repetitive nature. The person responsible for the treatment is the one who must demonstrate these extremes. 

In these cases, a reasonable fee may be applied according to the administrative costs incurred or refusal to proceed with the request. 

The person in charge is obliged to respond to any request about the exercise of rights within a maximum period of one month from receipt. Unless, given the complexity or number of requests, it cannot be addressed. In that case it may be extended up to two months. 

GDPR for Businesses

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