Data protection; assertion of data subject rights

You can assert your data subject rights under the General Data Protection Regulation (GDPR). For example, you can request information about the personal data stored about you, the deletion of your data or a correction of incorrect data.

Description

Data subject rights are based on the EU fundamental right to data protection and are defined in more detail in the General Data Protection Regulation (GDPR). As a data subject, you have the following rights, which you can assert against the controller who processes your personal data (i.e., for example, against a public authority):

Right of access

You have the right to request confirmation from the controller as to whether personal data about you is being processed at all. If this is the case, you have a right to information about this personal data and to further information such as in particular

  • the purposes of processing,
  • the categories of personal data that have been processed,
  • the recipients or categories of recipients to whom this data has been or will be disclosed,
  • the planned duration for which this data will be stored,
  • the existence of a right to rectification or erasure or restriction of processing,
  • the existence of a right of appeal to a data protection supervisory authority,
  • if applicable, information about the origin of the data and
  • The existence of automated decision-making.

Right to rectification

You have the right to request rectification from the controller without undue delay if you discover that your data is inaccurate.

Right to erasure

You have the right to request the deletion of your data from the person responsible if, for example

  • the data is no longer necessary for the purposes for which it was collected, or
  • you revoke a given consent and no other legal basis for the processing is apparent.

Right to restriction of processing

You have the right to request the controller to restrict the processing of your data, for example, if

  • the accuracy of your data still needs to be verified,
  • the processing is unlawful, but you do not request the erasure of the data, but only the restriction of its use, or
  • the controller no longer needs the data for the purposes of processing, but you still need it to assert, exercise or defend legal claims.

Right of objection

You have the right to object to the processing of your data at any time, provided that your data is required for the performance of a task which is in the public interest or in the exercise of official authority. In doing so, you must explain the particular personal situation in order to justify the request.

Prerequisites

You can only exercise the data subject rights personally. This means that you cannot request the correction of your neighbor's data, for example. For this reason, you must also clearly identify yourself to the respective authority. A simple e-mail without identity documents is not sufficient for this!

Procedure

Make the application to the respective authority.

Special notes

The Bavarian State Commissioner for Data Protection also provides further information at BayLfD: Meine Daten, die Verwaltung und ich (datenschutz-bayern.de).

Deadlines

none

Fees

  • none

Links to more information

Status: 14.04.2022

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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