Data Subject

A ‘data subject’ is any individual who can be directly or indirectly recognized by an identifier—such as a name, ID number, or location information—or by characteristics unique to their physical, physiological, genetic, mental, economic, cultural, or social identity; that includes you.

The rights of data subjects are captured in sections 39 through 44 of Act 843; the Data Protection Act of 2012.

Rights of the Data Subject.

Right to Object

An individual shall at any time, by notice in writing to a data controller, require the data controller to cease or not begin processing for a specified purpose or in a specified manner, personal data which causes or is likely to cause unwarranted damage or distress to the individual.

Right to Access

The data subject has the right to be informed of the processing of the individual’s personal data by the data controller or another person on behalf of the data controller; receive a description of the personal data of which that individual is the data subject; the purpose for which the data is being or is to be processed; and the recipient or class of recipients to whom the data may be disclosed;

Right to Prevent Processing

An individual shall at any time, by notice in writing to a data controller, require the data controller to cease or not begin processing for a specified purpose or in a specified manner, personal data which causes or is likely to cause unwarranted damage or distress to the individual.

Right to be Informed

A data controller who intends to collect personal data shall ensure that the data subject is aware of the nature of the data being collected, the name and address of the person responsible for the collection, the purpose for which the data is required for collection, whether or not the supply of the data by the data subject is discretionary or mandatory; the consequences of failure to provide the data; the authorised requirement for the collection of the information or the requirement by law for its collection; the recipients of the data; the nature or category of the data; and the existence of the right of access to and the right to request rectification of the data collected before the collection.

Right to Complain

The data subject has the right to complain to the data controller, processor or the Commission of any unlawful or displeased manner of data processing.

Right to give and withdraw consent

The data subject has the right to give and withdraw consent at any time.

Right to amend (Rectification)

Where the Commission is satisfied on a complaint of a data subject that personal data on that data subject is inaccurate, the Commission may order the data controller to rectify, block, erase, or destroy the data.

Freedom from automated decision-making

An individual is entitled at any time by notice in writing to a data controller to require the data controller to ensure that any decision taken by or on behalf of the data controller which significantly affects that individual is not based solely on the processing by automatic means of personal data in respect of which that individual is the data subject.

Freedom from processing for direct marketing

A data controller shall not provide, use, obtain, procure or provide information related to a data subject for the purposes of direct marketing without the prior written consent of the data subject. A data subject, after giving consent, is entitled at any time by notice in writing to a data controller to require the data controller not to process the personal data of that data subject for the purposes of direct marketing(“direct marketing” includes the communication by whatever means of any advertising or marketing material which is directed to particular individuals).

Right to compensation

Where an individual suffers damage or distress through the contravention by a data controller of the requirements of this Act, that individual is entitled to compensation from the data controller for the damage or distress.

Who is a Data Subject?

Think Your Data Rights Have Been Violated?

If you believe your personal data has been mishandled or misused, you have the right to take action. Submit a formal complaint to the Commission and let us help protect your privacy.

File A Complaint

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