Irish Data Protection Commission Issues Guidance On Right Of Access Under GDPR

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Fox Rothschild LLPIreland’s Data Protection Commission has issued a guidance note on the right of access under the General Data Protection Regulation.

Key takeaways:

  • Requests to access data are the majority of complaints received.
  • If reasonably necessary to clarify the request, you may request that the requester specify the information or processing activities they want access to.
  • A request may be made in writing or verbally. For a verbal request:
    • record the time and date
    • follow up in writing
  • Even if you have a designated method or contact person for submission of requests, an individual may use another method or contact person, or contact any member of staff.
  • A request does not need to contain any specific text to be valid.
  • Request proof of identity only when reasonable and proportionate to do so.
  • Only request the minimum amount of further information necessary and proportionate in order to prove the requester’s identity
  • Keep requesters regularly updated on the progress of their request, and give them sufficient notice in advance of any potential delays.
  • Respond to a request in the same way it was made, or the requester specifically asked. If making a verbal response, retain records.

Read the full text of the guidance.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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