Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 15 Right of access by the data subject
Summary What does Article 15 of the GDPR regulation say?
This article establishes the right of access for data subjects, one of the core individual rights in the regulation.
It gives any individual the right to find out whether their personal data is being processed, and if so, to receive a copy of that data along with a range of accompanying information about how it is being used.
This article works in close conjunction with Article 13 and Article 14, which govern what information controllers must proactively provide; Article 15 instead empowers the data subject to actively request this information at any time.
Important points:
- Data subjects have the right to obtain confirmation of whether their personal data is being processed and to receive a copy of it, along with details such as the purposes of processing, recipients, storage periods, and information about automated decision-making.
- Controllers are required to provide the first copy free of charge but may charge a reasonable fee based on administrative costs for any further copies.
- Where personal data is transferred to a third country or international organisation, data subjects must also be informed of the applicable safeguards under Article 46.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
processing
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controller
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processor
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profiling
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recipient
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restriction of processing
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international organisation
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supervisory authority
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third party
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personal data