Article 16 GDPR

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Article 16 - Right to rectification
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Chapter 10: Delegated and implementing acts

Legal Text[edit | edit source]

Article 16 - Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Relevant Recitals[edit | edit source]

Recital (65)

A data subject should have the right to have personal data concerning him or her rectified and a ‘right to be forgotten’ where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject. In particular, a data subject should have the right to have his or her personal data erased and no longer processed where the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed, where a data subject has withdrawn his or her consent or objects to the processing of personal data concerning him or her, or where the processing of his or her personal data does not otherwise comply with this Regulation. That right is relevant in particular where the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet. The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child. However, the further retention of the personal data should be lawful where it is necessary, for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, on the grounds of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.

Commentary[edit | edit source]

Inaccurate data[edit | edit source]

Correction of inaccurate personal data means that the inaccurate date in question is replaced by correct data.

Incomplete data[edit | edit source]

In the case of incomplete personal data, the correction is made by completion, i.e. supplementing, the data set of the data subject. The data subject may also request that the controller completes their personal data by a corresponding supplementary declaration.

Without undue delay[edit | edit source]

The correction of incomplete personal data should take place without undue delay.

Decisions[edit | edit source]

→ You can find all related decisions in Category:Article 12 GDPR

References[edit | edit source]