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In the GDPR, this right is defined in various sections of Article 15. There is also a right to access in the GDPR's partner legislation, the Data Protection Law Enforcement Directive. [ 5 ] The European Data Protection Board (EDPB) has considered it "necessary to provide more precise guidance on how the right of access has to be implemented in ...
[19] [20] Article 17 provides that the data subject has the right to request erasure of personal data related to them on any one of a number of grounds, including noncompliance with Article 6(1) (lawfulness) that includes a case (f) if the legitimate interests of the controller are overridden by the interests or fundamental rights and freedoms ...
The European Union General Data Protection Regulation (enacted 2016, taking effect 2018) extends the automated decision-making rights in the 1995 Data Protection Directive to provide a legally disputed form of a right to an explanation, stated as such in Recital 71: "[the data subject should have] the right ... to obtain an explanation of the decision reached".
The Directive's Article 29 created the "Working party on the Protection of Individuals with regard to the Processing of Personal Data", commonly known as the "Article 29 Working Party". The Working Party gives advice about the level of protection in the European Union and third countries.
Before the General Data Protection Regulation (GDPR) came into force on 25 May 2018, organisations could have charged a specified fee for responding to a SAR of up to £10 for most requests. Following GDPR: "A copy of your personal data should be provided free. An organisation may charge for additional copies.
GDPR imposes more stringent rules on the collection of personal information belonging to EU data subjects, including a requirement for privacy policies to be more concise, clearly-worded, and transparent in their disclosure of any collection, processing, storage, or transfer of personally identifiable information.
[15] In Switzerland, the right to privacy is guaranteed in article 13 of the Swiss Federal Constitution. The Swiss Federal Data Protection Act (DPA) [16] and the Swiss Federal Data Protection Ordinance (DPO) entered into force on July 1, 1993. The latest amendments of the DPA and the DPO entered into force on January 1, 2008.
Article 7 describes the conditions under which personal data may be processed: [5] [9] With the data subject's consent. To comply with the data controller's legal or regulatory responsibilities. For public administration and carrying out public policies set out in law, regulation, or in contracts. For research studies (anonymised where possible).