GDPR · Regulation (EU) 2016/679
Article 15
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 4 parts · 0 Council drafts · 6 Parliament amendments
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Alternative wording Amendment 1114 · Nadine Morano ITRE · LIBE
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The controller shall provide a copy of the personal data undergoing processing. 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, including the right to a fair trial, the right to privacy and confidentiality of communications, and the protection of trade secrets. In particular, that right cannot be interpreted as a general right of access to documents containing the data subject’s personal data, but shall relate only to the personal data concerning him or her. The controller may restrict or refuse a request to obtain a copy where it is likely to adversely affect the rights and freedoms of others, and where the assessment or implementation of the measures necessary to prevent such an adverse affect would impose a burden that is manifestly disproportionate to the volume, nature or complexity of the documents concerned. The right to obtain a copy shall not apply to requests for information or documents that are unrelated to the purposes of the processing carried out by the controller or that are made exclusively in the context of a dispute, a pre-litigation phase or court proceedings between the controller and the data subject.’
Additional proposed wording Amendment 1129 · Oliver Schenk ITRE · LIBE
In Article 15, paragraph 1, the following sentence is added
The right of access under this Article shall not extend to personal data which the data subject has created, authored, transmitted or received in the ordinary course of the relevant activity and which remain available to the data subject through the controller's systems or by other lawful means.
Context reproduced in the official amendment
The amendment reproduces a wider legal passage. It is shown as context because it does not cover the same legal unit as the proposed wording.
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: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing; (f) the right to lodge a complaint with a supervisory authority; (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, referred to in Article 22(1) and (4) 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.
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
-
The right of access under this Article shall not extend to personal data which the data subject has created, authored, transmitted or received in the ordinary course of the relevant activity and which remain available to the data subject through the controller's systems or by other lawful means.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The controller shall provide a copy of the personal data undergoing processing. 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.
Additional proposed wording Amendment 1133 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE
6a. Article 15, paragraph 3 is amended as follows
The controller shall provide the data subject with a copy of the personal data undergoing processing; that copy shall be confined to the personal data as such.
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The controller shall provide the data subject with a copy of the personal data undergoing processing
.;Forthatany 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 informationcopy shall beprovidedconfinedintoathecommonlypersonaluseddataelectronicasformsuch. - 4.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Additional proposed wording Amendment 1134 · Kristian Vigenin ITRE · LIBE
In Article 15, paragraph 1 point (a) is amended as follows
the purposes of the processing as well as the legal basis for the processing;
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing as well as the legal basis for the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The controller shall provide a copy of the personal data undergoing processing. 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.
Alternative wording Amendment 1135 · Nadine Morano ITRE · LIBE
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The(Doescontrollernotshall provide a copy ofaffect thepersonalEnglishdata undergoing processingversion.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.
Additional proposed wording Amendment 1137 · Angelika Niebler, Monika Hohlmeier ITRE · LIBE
6b. Article 15, paragraph 4 is amended as follows
The right of access referred to in paragraphs 1 and 2 and the right to obtain a copy referred to in paragraph 3 shall not affect the rights and freedoms of other persons, including the controller. Paragraph 3 shall not apply if and to the extent that the provision of the copy proves impossible or would require a disproportionate effort.
against:
Article 15
Right of access by the data subject
- 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:
- (a)
the purposes of the processing;
- (b)
the categories of personal data concerned;
- (c)
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- (d)
where possible, the envisaged period for which the personal data will be stored, or, if 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 such processing;
- (f)
the right to lodge a complaint with a supervisory authority;
- (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, referred to in Article 22(1) and (4) 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.
- (a)
- 2.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
- 3.
The controller shall provide a copy of the personal data undergoing processing. 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 of access referred to in paragraphs 1 and 2 and the right to obtain a copy referred to in paragraph 3 shall not
adverselyaffect the rights and freedoms ofothersother persons, including the controller. Paragraph 3 shall not apply if and to the extent that the provision of the copy proves impossible or would require a disproportionate effort.
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Article 15 – paragraph 3
Wording reproduced in the amendment → Amendment 1135 · ITRE–LIBE amendments 1053–1260 to the draft report
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RemovedAdded
Both texts in full
Wording reproduced in the amendment
Amendment 1135 · ITRE–LIBE amendments 1053–1260 to the draft report
Article 15 – paragraph 4
Wording reproduced in the amendment → Amendment 1114 · ITRE–LIBE amendments 1053–1260 to the draft report
Changes in context
RemovedAdded