Exercising Data Protection Rights

Exercising Data Protection Rights


Exercising Data Protection Rights



The current data protection regulations regulate both the rights that the interested party can exercise and the mechanisms for exercising such rights before the Data Controller.

1.- The rights that the data subject can exercise are the following:

  • Right of access: it is the right of the interested party to obtain from the Data Controller confirmation of whether or not personal data that concerns him or her is being processed, and if the processing is confirmed, access to the data must be provided. data and information available to you
  • Right of rectification: the interested party will have the right to obtain from the Data Controller without undue delay the rectification of personal data that concerns him or her when such data is found to be inaccurate. Taking into account the purposes for which the data have been processed, the interested party will have the right to have the personal data completed when they are incomplete, in particular by providing an additional declaration
  • Right to limitation of processing: it is the right to obtain from the Data Controller the limitation of the processing of personal data
  • Right to deletion (“right to be forgotten”): refers to the right of the interested party to obtain from the Data Controller the deletion of personal data that concerns him or her without unjustified delay, and the Data Controller will have the obligation to delete personal data without unjustified delay when the requirements set out in article 17 of the Regulation are met
  • Right to data portability: consists of the right to receive the personal data that concerns you, that you have provided to a Data Controller, in a structured and commonly used and machine-readable format and to transmit them to another Data Controller. of Treatment without being prevented by the Data Controller to whom the data was provided
  • Right of opposition: the interested party may object at any time, for reasons related to their particular situation, to personal data that concerns them being processed for the fulfillment of a public interest or for the satisfaction of a legitimate interest. , including profiling on the basis of such provisions

2.- Response deadlines:

The deadlines available to the Data Controller to resolve the exercise of the above rights by the interested party are established. The deadlines are as follows:

  • The Data Controller will provide the interested party with the exercise of their rights and information about the actions requested and carried out without delay and, at the latest, within a period of one month from receipt of the request.

The interested party may exercise their rights regarding data protection free of charge.

In these cases it will be PROLAW ABOGADOS Y ASESORES TRIBUTARIOS, S.L.P. who will assume the burden of demonstrating the manifestly unfounded or excessive nature of the request.

In any case, every request must be accompanied by:

  • Name, surname of the interested party and copy of the DNI. In the exceptional cases in which representation is admitted, identification by the same means of the person representing you will also be necessary, as well as the document accrediting representation. The photocopy of the DNI may be replaced as long as the identity is proven by any other legally valid means
  • Petition in which the request is specified. (Exercise requested or information you want to access). If you do not refer to a specific file, you will be provided with all the information we have about the company in your name. If you request information from a specific file, only the information from this file. If you request information related to a third party, it will never be provided. If you request it by phone, you will be instructed to do so in writing and you will be informed how you can do it and the address to which you must send it. You will never be given information over the phone.

The request must contain the following information:

  • Address for notification purposes
  • Date and signature of the applicant
  • Documents supporting the request you make