Aug 2018
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GDPR - What is the right to rectification?
Under Article 16 of the GDPR, individuals have the right to rectify data that is inaccurate about them. An individual may also be able to have incomplete personal data completed. Although you may have already taken steps to ensure that the personal data was accurate when you first obtained it, this right imposes a specific obligation to reconsider the accuracy upon request.
What do we need to do?
If you receive a request from an individual to rectify their personal data, you should take reasonable steps to ensure that the data is accurate and rectified if necessary. The reasonable steps taken will depend on the nature of the personal data and what it will be used for. The more important the personal data is to be accurate, the greater the effort you should put into ensuring it’s accurate and if not, taking steps to rectify it.
When is data inaccurate?
The GDPR does not give a definition of the term accuracy. However, it states that personal data is inaccurate if it is incorrect or misleading in any way. It is the data controller's responsibility to ensure the personal data they manage is accurate and up-to-date.
Can we refuse to comply with the request for rectification for other reasons?
You can refuse to comply with a request for rectification if the request is excessive or manifestly unfounded, taking into account whether the request is repetitive in nature. There are two things you can do if you consider that a request is excessive or manifestly unfounded:
1. Request a “reasonable fee” to deal with the request
2. Refuse to deal with the request
You will need to justify your decision in either case. The reasonable fee should be based on the administrative costs of complying with the request. If you decide to charge a fee, it is advised that you contact the individual within one month. You do not need to comply with the request until you have received the fee.
In most cases, you cannot charge a fee to comply with a request for rectification. However, as noted above, if the request has been excessive or manifestly unfounded you may charge a reasonable fee to cover the administrative costs.
Related Articles:
HMRC and GDPR - Holding and using your personal information
GDPR to affect your employee payroll processing!
GDPR - Everything you need to know!
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