Article 12*

Article 12 – Right of access for the data subject

Commission Proposal

1. Member States shall provide for the right of the data subject to obtain from the controller confirmation as to whether or not personal data relating to them are being processed. Where such personal data are being processed, the controller shall provide the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipients to whom the personal data have been disclosed, in particular the recipients in third countries;

(d) the period for which the personal data will be stored;

(e) the existence of the right to request from the controller rectification, erasure or restriction of processing of personal data concerning the data subject;

(f) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;

(g) communication of the personal data undergoing processing and of any available information as to their source.

2. Member States shall provide for the right of the data subject to obtain from the controller a copy of the personal data undergoing processing.

EDRi’s proposed amendment

1. Member States shall provide for the right of the data subject to obtain from the controller confirmation as to whether or not personal data relating to them are being processed. Where such personal data are being processed, the controller shall provide the following information:

(a) the purposes of the processing;

(b) the categories of personal data concerned;

(c) the recipients or categories of recipients to whom the personal data have been disclosed, including all in particular the recipients in third countries;

(d) the period for which the personal data will be stored;

(e) the existence of the right to request from the controller rectification, erasure or restriction of processing of personal data concerning the data subject;

(f) the right to lodge a complaint to the supervisory authority and the contact details of the supervisory authority;

(g) communication of the personal data undergoing processing and of any available information as to their source.

(h) the significance and envisaged consequences of the processing, at least in the case of profiling;

(i) in the case of measures based on profiles, meaningful information about the logic used in the profiling.

2. Member States shall provide for the right of the data subject to obtain from the controller a copy of the personal data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.

Justification

The proposed changes to Article 12 oblige controllers to provide more concrete information to data subjects. Point (h) and paragraph 2 are adapted from the corresponding rules in Article 15 of the General Data Protection Regulation.

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