Right to information under GDPR: Ensuring transparency in data processing
The right to information is a fundamental data subject right under the General Data Protection Regulation (GDPR). It ensures that individuals are fully informed about how their personal data is collected, processed, shared, and protected.
Organizations must provide clear, transparent, and accessible privacy notices to inform data subjects of their rights and how their data is being used.
What must be included when informing data subjects?
Under Articles 13 and 14 of GDPR, organizations must provide data subjects with:
- The identity and contact details of the data controller.
- The purpose of data processing and its legal basis.
- Categories of personal data collected (if obtained indirectly).
- Who the data is shared with, including third-party recipients.
- Information on international data transfers, if applicable.
- Data retention periods or criteria used to determine them.
- Details on data subject rights, including access, rectification, erasure, and objections.
- The right to withdraw consent, if processing is based on consent.
- Information on automated decision-making, including profiling.
These details must be provided at the time of data collection or, if data is obtained from another source, within a reasonable timeframe (maximum one month).
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How to comply with the right to information under GDPR
1. Create clear and accessible privacy notices
- Use plain language to ensure data subjects easily understand their rights.
- Provide notices in a structured and user-friendly format.
2. Inform individuals at the right time
- Share privacy information at the time of data collection.
- If data is collected indirectly, provide the information within one month.
3. Keep privacy policies up to date
- Regularly review and update privacy notices to reflect new processing activities or legal requirements.
- Ensure easy access to privacy policies on websites, apps, and contracts.
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Why the right to information is essential for GDPR compliance
Providing clear and transparent information about data processing helps organizations:
- Ensure GDPR compliance by fulfilling transparency obligations.
- Build trust with customers by openly communicating data practices.
- Reduce legal risks by avoiding complaints and regulatory fines.
- Enhance user control by empowering individuals with knowledge of their data rights.
By properly implementing the right to information, businesses can strengthen privacy protections, improve transparency, and ensure responsible data handling.
