X. Rights of the data subject
If personal data of yours is processed, you are the “data subject” as defined in the GDPR and you have the following rights vis-a-vis the data controller:
1. Right of access to information
You can request confirmation from the data controller as to whether we are processing personal data that concerns you.
In the event of such processing, you may require the data controller to provide you with information regarding the following:
(1) the purposes for which the personal data is processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if it is not possible to give specific details, the criteria used to determine the duration of storage;
(5) the existence of the right to rectification or erasure of personal data concerning you, the right to restriction of processing by the controller, or the right to object to this processing;
(6) the existence of the right to lodge a complaint with a supervisory authority;
(7) all the available information regarding the source of the data, if the personal data is not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Art.22 para.1 and para.4 GDPR 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.
You have the right to request information as to whether the personal data concerning you is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards provided pursuant to Art.46 GDPR in connection with the transfer.
This right of information can be restricted insofar as it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
2. Right to rectification
You have the right to require the data controller to rectify and/or complete the data if the processed personal data concerning you is incorrect or incomplete. The data controller shall make the correction without delay.
Your right to rectification can be restricted insofar as it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of processing of personal data concerning you:
(1) if the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
(3) if the controller no longer needs the personal data for the purposes of the processing, but the data is required by you for the establishment, exercise or defence of legal claims;
(4) if you have objected to processing pursuant to Art.21 para.1 GDPR and verification as to whether the legitimate grounds of the controller override yours is pending.
Where processing of personal data concerning you has been restricted, such personal data shall – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If you have obtained restriction of processing in accordance with the above conditions, you shall be informed by the controller before the restriction of processing is lifted.
Your right to restriction of processing can be restricted insofar as it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
4. Right to erasure
a) Obligation to erase
You have the right to obtain from the controller the erasure of personal data concerning you without undue delay and the controller is obliged to erase personal data without undue delay where one of the following grounds applies:
(1) the personal data in question is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
(2) you withdraw your consent on which the processing is based according to Art.6 para.1 lit.a or Art.9 para.2 lit.a GDPR, and where there is no other legal ground for the processing;
(3) you object to the processing pursuant to Art.21 para.1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art.21 para.2 GDPR;
(4) The personal data concerning you has been unlawfully processed;
(5) the personal data concerning you has to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
(6) the personal data concerning you has been collected in relation to the offer of information society services referred to in Art.8, para.1 GDPR.
b) Information to third parties
Where the controller has made the personal data concerning you public and is obliged pursuant to Art.17, para.1 GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you as the data subject have requested the erasure by such controllers of any links to, or copy or replication of, this personal data.
c) Exceptions
The right to erasure shall not apply to the extent that processing is necessary
(1) for exercising the right of freedom of expression and information;
(2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health in accordance with Art.9 para.2 lit.h and lit.i as well as Art.9 para.3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Art.89 para.1 GDPR insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(5) the establishment, exercise or defence of legal claims.
5. Right to notification
If you have asserted the right to rectification, erasure or restriction of the processing vis-à-vis the controller, the controller is obliged to communicate this rectification or erasure of the data or the restriction of processing to each recipient to whom the personal data concerning you has been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed about those recipients by the controller.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit that data to another controller without hindrance from the controller to which the personal data has been provided, where:
(1) the processing is based on consent pursuant to Art.6 para.1 lit.a GDPR or Art.9 para.2 lit.a GDPR or on a contract pursuant to Art.6 para.1 lit.b GDPR and
(2) the processing is carried out by automated means.
In exercising your right to data portability, you shall also have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. The freedoms and rights of other persons must not be adversely affected by this.
The right to data portability shall not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you which is based on Art.6 para.1 lit.e or lit.f GDPR, including profiling based on those provisions.
The controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes.
In the context of the use of information society services – and notwithstanding Directive 2002/58/EC – you may exercise your right to object by automated means using technical specifications.
Where personal data is processed for scientific or historical research purposes or statistical purposes pursuant to Art.89 para.1 GDPR, you, on grounds relating to your particular situation, shall have the right to object to processing of personal data concerning you.
This right to object can be restricted insofar as it is likely to render impossible or seriously impair the achievement of the research or statistical purposes and the restriction is necessary for the fulfilment of the research or statistical purposes.
8. Right to withdraw the declaration of consent under data protection law
You have the right to withdraw your consent under data protection law at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for entering into, or performance of, a contract between you and the data controller;
(2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
(3) is based on your explicit consent.
However, these decisions shall not be based on special categories of personal data referred to in Art.9 para.1 GDPR, unless Art.9 para.2 lit.a or lit.g GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
In the cases referred to in (1) and (3), the data controller shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
You also have the right to lodge a complaint with a data protection supervisory authority regarding our processing of your personal data. The supervisory authority responsible for us is: Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen (State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia), Helga Block, Postfach 20 04 44, 40102 Düsseldorf, Kavalleriestrasse 2-4, 40213 Düsseldorf, Germany, telephone: 02 11/384 24-0, fax: 02 11/384 24-10, e-mail: poststelle@ldi.nrw.de
