Monitor Prawniczy

no. 11/2023

Right to obtain a copy of personal data: between data content and medium

Paweł Litwiński
Dr. Autor jest adwokatem, partnerem w Barta Litwiński Kancelaria Radców Prawnych i Adwokatów sp.p.
Abstract

The right to receive a copy of personal data cannot be limited to the possibility of receiving only the content of the data that the administrator processes about the person to whom the data relate. As the CJEU pointed out in judgment C-487/21, Österreichische Datenschutzbehörde, if it is necessary to enable the effective exercise of the data subject’s rights conferred upon them by the GDPR, this person must be provided with copies of fragments of documents or entire documents, or excerpts from databases. At the same time, the CJEU emphasized that data subjects do not have the right to request copies of fragments of documents or entire documents, or extracts from databases. Such entitlement arises only in certain strictly defined cases - most often because in order to fully understand the relevant personal data, it is necessary to know the context in which these data are processed.

Keywords
GDPR, copy of personal data, information, data, medium