EdLaw nat/gb/gdpr/DATA-SUBJECT-RIGHTS.md

language: en · last checked: 2026-09-06

Rights of the data subject

Transparency and the exercisable rights: information provision, access, rectification, erasure, restriction, portability, objection, and the automated decision-making regime.

Article 12 — Transparent information, communication and modalities for the exercise of the rights of the data subject

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication made under or by virtue of Articles 15 to 22D and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

2. The controller shall facilitate the exercise of data subject rights arising under or by virtue of Articles 15 to 22D. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising those rights, unless the controller demonstrates that it is not in a position to identify the data subject.

3. The controller shall provide information on action taken on a request made under or by virtue of Articles 15 to 22D to the data subject without undue delay and in any event before the end of the applicable time period (see Article 12A). ... Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

4. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without undue delay, and in any event before the end of the applicable time period (see Article 12A), of the reasons for not taking action and on the possibility of making a complaint to the controller under section 164A of the 2018 Act, making a complaint to the Commissioner under section 165 of that Act and seeking a judicial remedy.

5. Subject to Article 15(3), information provided under Articles 13 and 14 and any communication and any actions taken under or by virtue of Articles 15 to 22D and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:

6. Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request made under or by virtue of Articles 15 to 22D, the controller may —

6A. The Commissioner may publish (and amend or withdraw)—

6B. The Commissioner must not publish icons or a notice under paragraph 6A unless satisfied (as appropriate) that the icons give a meaningful overview of the intended processing in an easily visible, intelligible and clearly legible manner or that the notice will result in icons that do so.

7. If standardised icons are published as described in paragraph 6A (and not withdrawn), the information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with the icons. Where the icons are presented electronically they shall be machine-readable.

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Article 12A. — Meaning of “applicable time period”

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. In Article 12, “the applicable time period” means the period of one month beginning with the relevant time, subject to paragraph 3.

2. “The relevant time” means the latest of the following—

3. The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of—

4. A notice under paragraph 3 must—

5. Where the controller reasonably requires further information in order to identify the information or processing activities to which a request under Article 15 relates—

6. An example of a case in which a controller may reasonably require further information is where the controller processes a large amount of information concerning the data subject.

Article 13 — Information to be provided where personal data are collected from the data subject

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

2. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

4. Paragraphs 1, 2 and 3 do not apply to the extent that the data subject already has the information.

5. Paragraph 3 does not apply to the extent that—

6. For the purposes of paragraph 5(b), whether providing the information would involve a disproportionate effort depends on, among other things, the number of data subjects, the age of the personal data and any appropriate safeguards applied to the processing.

7. A controller relying on paragraph 5 must take appropriate measures to protect the data subject’s rights, freedoms and legitimate interests, including by making the information available publicly.

Article 14 — Information to be provided where personal data have not been obtained from the data subject

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:

2. In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:

3. The controller shall provide the information referred to in paragraphs 1 and 2:

4. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

5. Paragraphs 1 to 4 do not apply to the extent that:

6. For the purposes of paragraph 5(e), whether providing the information would involve a disproportionate effort depends on, among other things, the number of data subjects, the age of the personal data and any appropriate safeguards applied to the processing.

7. A controller relying on paragraph 5(e) or (f) must take appropriate measures to protect the data subject’s rights, freedoms and legitimate interests, including by making the information available publicly.

Article 15 — Right of access by the data subject

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

1A. Under paragraph 1, the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that paragraph.

2. Where personal data are transferred to a third country or to an international organisation in reliance on Article 46, the data subject shall have the right to be informed of the safeguards provided in accordance with Article 46(1A)(a)(i) or (b)(i) for the purposes of the transfer.

3. The controller shall provide a copy of the personal data undergoing processing to which the data subject is entitled under paragraph 1. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.

4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

Article 16 — Right to rectification

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Article 17 — Right to erasure (‘right to be forgotten’)

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 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 the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

4. For the purposes of paragraph (1)(g), a person who has made an allegation about a data subject is a “malicious person” in relation to the data subject if the person—

5. The table is as follows—

Article 18 — Right to restriction of processing

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's 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 ... .

3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

Article 19 — Notification obligation regarding rectification or erasure of personal data or restriction of processing

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.

Article 20 — Right to data portability

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

Article 21 — Right to object

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) , (ea) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.

3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

5. In the context of the use of information society services, ... the data subject may exercise his or her right to object by automated means using technical specifications , notwithstanding domestic law made before IP completion day implementing Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

6. Where personal data are processed for scientific or historical research purposes or statistical purposes ..., the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Article 22 — Automated individual decision-making, including profiling

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

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Article 22A — Automated processing and significant decisions

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. For the purposes of Articles 22B and 22C—

2. When considering whether there is meaningful human involvement in the taking of a decision, a person must consider, among other things, the extent to which the decision is reached by means of profiling.

Article 22B — Restrictions on automated decision-making

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. A significant decision based entirely or partly on processing described in Article 9(1) (processing of special categories of personal data) may not be taken based solely on automated processing, unless one of the following conditions is met.

2. The first condition is that the decision is based entirely on processing of personal data to which the data subject has given explicit consent.

3. The second condition is that—

4. A significant decision may not be taken based solely on automated processing if the processing of personal data carried out by, or on behalf of, the decision-maker for the purposes of the decision is carried out entirely or partly in reliance on Article 6(1)(ea).

Article 22C — Safeguards for automated decision-making

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. Where a significant decision taken by or on behalf of a controller in relation to a data subject is—

2. The safeguards must consist of or include measures which—

Article 22D — Further provision about automated decision-making

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The Secretary of State may by regulations provide that, for the purposes of Article 22A(1)(a), there is, or is not, to be taken to be meaningful human involvement in the taking of a decision in cases described in the regulations.

2. The Secretary of State may by regulations provide that, for the purposes of Article 22A(1)(b)(ii), a description of decision is, or is not, to be taken to have a similarly significant effect for the data subject.

3. The Secretary of State may by regulations make the following types of provision about the safeguards required under Article 22C(1)—

4. Regulations under paragraph 3 may not amend Article 22C.

5. Regulations under this Article are subject to the affirmative resolution procedure.

Article 23 — Restrictions

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-19).

1. The Secretary of State may restrict the scope of the obligations and rights arising under or by virtue of Articles 12 to 22D and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations arising under or by virtue of Articles 12 to 22D, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:

2. In particular, provision made in exercise of the power under paragraph 1 shall contain specific provisions at least, where relevant, as to:

3. The Secretary of State may exercise the power under paragraph 1 only by making regulations under section 16 of the 2018 Act.

Sources

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All article text above is reproduced verbatim from the consolidated UK GDPR on legislation.gov.uk, extracted mechanically from the official XML. Repealed or omitted text appears as "..." exactly as published. Amendment history is available via each article link. Each provision carries its official identifier as a trailing attribute anchor (e.g. {#article-35-2}, attributes syntax) — the same id legislation.gov.uk uses, so .../eur/2016/679/article/35/2 at the source corresponds to #article-35-2 here.