16.Data_Subjects.pdf

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Any data subject is entitled to
protection by the Data
protection principles
An individual who
is the subject of
personal data
E.g. employees are data subjects of
their employers, students are data
subjects of their education providers
Right to establish the
existence of personal data
DAR
data subject access request
must be responded to by the
data controller within 40 days
DAR must be made in writing
Data
Subjects
Any information held
about a living individual
Any information relating to an individual
that can lead to the identification of that
individual, either by or in conjunction
with other information
Rights of a
Data Subject
Right of access
Formalities,
procedures and
obligations
Subject seeking to access their personal
data should give the controller any
information necessary to identify his data
The controller is entitled to satisfy
themselves as to the identity of the
person making the request
Personal data relevant to the request
should be communicated in an
intelligible form, and a permanent copy
should be supplied.
Personal
data
Right to object to
disclosure of data to third
parties
Right to have personal
data corrected or
erased where
appropriate
Third party information
(the controller is not required to comply
with the request if it requires disclosing data related to 3rd party,
unless the 3rd party gave its consent or it is reasonable to comply
with the request without the third party’s consent)
Exemptions
(when a data controller may have a legitimate
reason not to respond in full to a DAR, e.g. legally privileged
documents)
Failing to comply
with a data subject access request =>
a complaint with the Data Protection Commissioner => a formal
ODPC complaints process, an audit and/or criminal prosecution
The term ‘personal data’ is
extremely widely interpreted by the
Irish Data Protection Commissioner.
Express consent of the data subject must be obtained before
sensitive personal data can be gathered or processed.
Exceptions e.g.; for statistical purposes
Sensitive
Personal Data
Data in relation to:
•Racial or ethnic origin
•Political, religious, philosophical believes
•Trade union membership
•Physical/mental health
•Sexual life
•Commission/alleged commission of any offence or related
proceedings/sentences

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