ABSTRACT

The data protection regime recognizes that individuals are hindered in their ability to decide what happens with their personal data if they are not able to know that organizations are seeking to collect, use, and process their personal data. An individual data subject should have the right of access to personal data that have been collected concerning them, and to exercise that right easily and at reasonable intervals, so as to be aware of, and verify, the lawfulness of the processing. However, they are now reformulated as part of the individual data subject rights. Article 12 of the DPD95 also provides for the right of access. Two of the earliest rights that organizations may have to interact with individual data subject queries will be the right of confirmation of whether there is personal data held in relation to the requestor, and also the right to provide access or copies of the personal data held, once so requested.