An Individual's Right to Fix their Information

• Author: David Zetoony
• Profession: Is a partner in the Boulder, Colorado office of Bryan Cave Leighton Paisner, LLP, an international law firm
• Pages: 67-69

67

An InDIVIDUAL’s

RIGHt to

fIx tHeIR

InfoRMAtIon

Q.70 WHAt Is tHe “RIGHt of RectIfIcAtIon”?

The right of rectication refers to the ability of a person to request that

a company x any inaccuracies in the personal data that it holds about

them.159

Q.71 ARe ALL coMpAnIes ReQUIReD to cReAte

A poLIcy oR pRoceDURe foR pRocessInG

RectIfIcAtIon ReQUests?

No. Some companies may decide to create a written policy or procedure

for processing rectication requests, whereas other companies may de-

cide that such a policy is unneeded.

The GDPR requires that data controllers “be able to demonstrate

compliance” with the core principles espoused by the regulation.160 The

obligation to demonstrate compliance is sometimes referred to as the

“accountability principle.”

One core principle is that a controller must take steps to keep the

personal data that it holds “accurate and, where necessary . . . up to

date.”161 When a data subject requests that their information be modied

to x an inaccuracy, it directly relates to the fulllment of that principle.

159. GDPR, Article 16.

160. GDPR, Article 5(2).

161. GDPR, Article 5(1)(d).