Article 15 GDPR - 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.

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.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Paragraph 1 gives the data subject the right to obtain confirmation as to whether or not personal data concerning him or her are being processed and, where they are, access to those data together with the information listed in points (a) to (h), covering the purposes, the categories of data, the recipients, the envisaged storage period or its criteria, the existence of the rights of rectification, erasure, restriction and objection, the right to complain to a supervisory authority, any available information on the source where the data were not collected from the data subject, and the existence of automated decision-making under Article 22(1) and (4) with meaningful information about the logic involved.

Yes. Paragraph 3 obliges the controller to provide a copy of the personal data undergoing processing free of charge, while for any further copies it may charge a reasonable fee based on administrative costs. Where the request is made by electronic means, the information must be provided in a commonly used electronic form unless the data subject requests otherwise.

Under paragraph 2, where personal data are transferred to a third country or an international organisation, the data subject has the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer. This goes beyond the mere identification of recipients in third countries under paragraph 1(c).

Yes. Paragraph 4 provides that the right to obtain a copy shall not adversely affect the rights and freedoms of others, and Recital 63 identifies trade secrets, intellectual property and in particular copyright protecting software, as well as the rights of other persons, as interests that may justify tailoring the response. The recital also states that the result should not be a refusal to provide all information.

Access requests follow the modalities of Article 12, so the controller must respond within one month, extendable by two further months for complex or numerous requests under Article 12(3), may seek additional information to confirm identity where it has reasonable doubts under Article 12(6), and may charge a fee or refuse only where the request is manifestly unfounded or excessive under Article 12(5).