NEW RIGHTS OF DATA SUBJECTS IN GENERAL DATA PROTECTION REGULATION

• Main Authors: Lina Novikovienė, Oksana Pedaniuk
• Format: Article
• Language: English
• Published: Mykolas Romeris University 2020-12-01
• Series: Jurisprudencija
• Subjects: personal data protection; data subject; the rights of the data subject; general data protection regulation
• Online Access: https://www3.mruni.eu/ojs/jurisprudence/article/view/6361
• ISSN: 1392-6195; 2029-2058

Protecting the data rights of a subject depends to a large extent on the existence of appropriate enforcement mechanisms. This article explores one of the basic rights of the data subject, the right of access and the new rights of the data subject, and evaluates the practical aspects of the implementation of these data subject‘s rights. In the digital age, data processing is ubiquitous, which makes it increasingly difficult for individuals to understand these processes, and also control them. In view of the power imbalance between data subjects and data controllers, individuals have been granted certain rights, giving them more control over the processing of their personal information. One of the fundamental rights of the data subject, which was enshrined in Directive 95/46/EC of the European Parliament, and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, is the data subject‘s right of access to their data. The main amendments to Regulation (EU) 2016/679 are also related to one of the objectives of the personal data protection reform - strengthening the rights of the data subject, therefore new rights of the data subject are introduced alongside existing rights, including: the right to data portability; the right to be forgotten; the right to restrict data processing; the right to object to automated decision-making.