Data subject rights

• Author: Michèle Finck
• Pages: 71-84

Blockchain and the General Data Protection Regulation

71

7. Data subject rights

Articles 15 to 22 GDPR allocate numerous specific rights to data subjects. Data controllers are

obliged to facilitate the exercise of these rights and cannot delegate this task to processors.479 The

GDPR's various data subject rights are examined in turn belo w. It will be seen that some do not raise

any specific problems in the context of blockchain technology whereas others trigger both technical

and legal challenges, the possible solutions to which depend in part on the identity of the data

controller and its influence over blockchain data. Of course, as always, the application of these

various data subject rights to distribute d ledgers can only be comprehensively assessed on the basis

of a case-by-case analysis that accounts for the specific technical and contextual circumstances of

each personal data processing operation.

7.1. The right to access

According to Article 15 GDPR

1. 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 followi ng information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) 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;

(d) where possible, the envisaged period for which the personal data will be stored,

or, if not possible, the criteria used to determine that period;

(e) 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;

(f) the right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available

information as to their source;

(h) 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.

2. 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.

3. 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

479 Article 12 (2) GDPR.