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Section 37: Right of access

Data Protection Act 2017 · PART VII: RIGHTS OF DATA SUBJECTS

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37. Right of access (1) (a) Every controller shall, on the written request of a data subject provide, at reasonable intervals, without excessive delay and, subject to subsection (7), free of charge, confirmation as to whether or not personal data relating to the data subject are being processed and forward to him a copy of the data. (b) Where a controller has a reasonable doubt concerning the identity of a person making a request under paragraph (a), he or it may request the provision of additional information to confirm the identity of the data subject. (2) Where personal data are being processed, the controller shall provide to the data subject information relating to – (a) the purpose of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the data have been or will be disclosed; (d) the period for which the data will be stored or, if this is 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 the processing of the data; (f) the right to lodge a complaint with the Commissioner; (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, and information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; and 502 Acts 2017 Acts 2017 503 (i) appropriate safeguards taken under section 36, in case the personal data are transferred or intended to be transferred to another country. (3) The controller shall provide the information referred to in subsection (2) in an intelligible form, using clear and plain language. (4) Where the personal data are not or have not been collected from the data subject, the controller shall not be required to provide information where the processing is expressly prescribed by law or this proves to be impossible or involves a disproportionate effort. (5) (a) The controller shall, within one month of the receipt of a request, inform the data subject in writing, whether or not any action has been taken pursuant to subsection (1). (b) The period specified in paragraph (a) may be extended by a further month where necessary, taking into account the complexity and the number of requests made. (6) Where a controller refuses to take action on the request of a data subject, he or it shall, within one month of the receipt of the request, inform the data subject in writing of the reason for the refusal and on the possibility of lodging a complaint with the Commissioner. (7) (a) Where the request is manifestly excessive, the controller may charge a fee for providing the information or taking the action requested, or he or it may not take the action requested. (b) Where the controller takes a decision under paragraph (a), he or it shall bear the burden of proving the manifestly excessive character of the request.

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