Privacy PowerUp Series #4
Individual rights are not just legal obligations—they form the bedrock of trust between individuals and organizations. They empower people to understand and control the use of their personal data and enable organizations to demonstrate their commitment to data protection.
This article will explore the core individual rights, some emerging ones, standards, and common challenges faced when addressing these rights. Additionally, it offers some practical solutions to these challenges.
What are data subject rights?
Data subject rights, also known as individual rights, grant individuals the authority to control the processing of their personal data. These rights are pivotal in maintaining transparency and trust between individuals and organizations.
The core individual rights
Let’s break down the core individual rights with real-world examples to understand their significance fully:
1. The right to information
Description: Individuals have the right to know if and how an organization uses their data. Depending on the jurisdiction, organizations must provide details such as the purpose of processing, contact information, and categories of personal data held.
Example: An individual requests confirmation of the processing of personal information from a social media platform, and the organization responds with information typically included in its privacy notice, such as details on how personal data is used for personalized ads.
Challenge: With the vast amount of data generated daily, it’s challenging to keep track of the data held on the individual, its sources, the purposes of collecting it, its authorized uses, etc.
2. The right to access
Description: Once individuals confirm their data is being processed, they have the right to receive a clear and intelligible copy of such information, including data they might not realize is being collected.
Example: An individual requests their data from a shopping website and learns that the site has inferred certain preferences based on their purchase history.
Challenge: Organizations must handle vast amounts of data, ensuring every piece related to the requester is included in the response.
3. The right to rectification or correction
Description: Individuals can request the correction of inaccurate, incomplete, or outdated information.
Example: A person who finds an error in their credit report can request that the information be corrected to reflect their accurate credit score.
Challenge: Ensuring timely and accurate corrections across all data systems within an organization.
4. The right to erasure
Description: Also known as the right to be forgotten, this allows individuals to request the deletion of their personal information under specific circumstances.
Example: A user unsubscribes from a newsletter and requests the deletion of their email address from the database.
Challenge: Identifying all instances of the individual’s data across systems and ensuring complete deletion.
5. The right to objection
Description: Allows individuals to request organizations stop using their personal information in specific circumstances, such as for marketing or automated processing.
Example: A customer objects to their data being used for targeted ads, prompting the company to stop using their data for marketing purposes.
Challenge: Balancing the individual’s request with the organization’s interests and existing data processing activities.
6. The right to data portability
Description: Gives individuals the ability to transfer their personal information to another organization when needed.
Example: A user transferring their health records from one medical provider to another.
Challenge: Ensuring data is transferred in a usable format while maintaining security and privacy standards.
Emerging individual rights
Beyond these core rights, additional individual rights have emerged, reflecting specific uses of personal data and new technological developments:
- Right to opt-out of sale of personal information: Allows individuals to prevent their data from being sold to third parties.
- Right to limit use of sensitive data: Grants individuals control over how sensitive data (e.g., medical records) is used.
- Right to explanations for automated decisions: Ensures individuals receive explanations for decisions made through automated processing directly affecting them.
Balancing individual rights and organizational responsibilities
It’s important to note that individual rights are not absolute. There are exceptions, particularly when national security, trade secrets, or other individuals’ rights are at stake.
Most jurisdictions have similar requirements for how organizations must respond to individual rights. Understanding these requirements is crucial, as they dictate timeframes, verification of identity, response methods, fee-charging policies, and handling unfounded or excessive requests.
The growing challenge of responding to individual rights
In 2024, at least 79% of the world’s population is covered by some form of data privacy regulation. With data complexity and volume increasing, manually responding to individual rights can become impossible and costly.
A practical solution
To avoid costly fines and legal ramifications, consider automating the process of managing individual rights requests. Automation can provide a consistent approach and response, reducing the burden on your organization and ensuring compliance with evolving data privacy regulations.
Strengthen trust and compliance by effectively managing individual rights
Individual rights are foundational to building trust and transparency between individuals and organizations. By understanding and effectively managing these rights, organizations can comply with legal obligations, enhance their reputation, and strengthen their customer relationships.
Ready to streamline your Data Subject Requests (DSRs)? Automate and scale your DSR workflows to ensure compliance, save time, and show your commitment to customer rights with TrustArc’s Individual Rights Manager.
Continue mastering the privacy essentials by reviewing all the resources in the Privacy PowerUp series.
Understanding Individual Rights Infographic
Keep individual rights front and center with this simple infographic.
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PowerUp Your Privacy
Watch all ten videos in the Privacy PowerUp series – designed to help professionals master the privacy essentials.
Watch nowRead the next article in this series: #5 The Foundations of Privacy Contracting.
Read more from the Privacy PowerUp Series:
- Getting Started in Privacy
- Data Collection, Minimization, Retention, Deletion, and Necessity
- Building a Data Inventory, Mapping, and Records of Processing Activities (ROPA)
- Understanding Data Subject Rights (Individual Rights) and Their Importance
- The Foundations of Privacy Contracting
- Choice and Consent: Key Strategies for Data Privacy
- Managing the Complexities of International Data Transfers and Onward Transfers
- Emerging Technologies in Privacy: AI and Machine Learning for Privacy Professionals
- Privacy Program Management: Buy-in, Governance, and Hierarchy
- Managing Privacy Across the Organization
