Data subject rights

AuthorMichèle Finck
Blockchain and the General Data Protection Regulation
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
(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.

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