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Article 16 GDPR. Right to rectification

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.

Expert commentary ISO 27701 Guidelines & Case Law Leave a comment
Expert commentary

The Council of Europe recommended, in 1973, that “inaccurate information” should be corrected in the context of data compiled in electronic data banks (Resolution on the Protection of the Privacy of Individuals vis-a-vis Electronic Data Banks in the Private Sector). So, it is not surprising that the European Union 2016 General Data Protection Regulation provides for a “right to rectification”. The surprise comes from the absence of guidance regarding the rights and responsibilities related to the exercise of that right.

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Author
Louis-Philippe Gratton
Louis-Philippe Gratton PhD, LLM
Privacy Expert

Data Subject Request Letter Sample

Concern: Request to rectify inaccurate personal data

Dear Madam, Dear Sir,

You have data concerning me that are inaccurate…

[…]


to read the full text

Author
Louis-Philippe Gratton
Louis-Philippe Gratton PhD, LLM
Privacy Expert

Data Subject Request Letter Sample

Concern: Request to rectify incomplete personal data

Dear Madam, Dear Sir,

You have data concerning me that are incomplete…

[…]


to read the full text

Author
Louis-Philippe Gratton
Louis-Philippe Gratton PhD, LLM
Privacy Expert
Author
Siarhei Varankevich
Siarhei Varankevich CIPP/E, CIPM, CIPT, MBA, FIP
FIP_IAPP
Co-Founder & CEO of Data Privacy Office LLC. Data Protection Trainer and Principal Consultant
ISO 27701

ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.

Here is the relevant paragraph to article 16 GDPR:

7.3.6 Access, correction and/or erasure

Control

The organization should implement policies, procedures and/or mechanisms to meet their obligations to PII principals to access, correct and/or erase their PII.

Implementation guidance

The organization should implement policies, procedures and/or mechanisms for enabling PII principals to obtain access to, correct and erase of their PII, if requested and without undue delay.

[…]


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Guidelines & Case Law Leave a comment
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