CIPP/E Study Guide
Ch 9.1 - Overview

Background - the rights and their Articles

European data protection law has always given individuals enforceable rights, but the GDPR is far more extensive than the old Data Protection Directive. The data subject rights live in Articles 12 to 23 of the GDPR, and bolstering these rights was a main ambition of the European Commission. These rights can limit lawful processing and even reshape a controller's business model.

The GDPR is considerably more complex and far-reaching than the Directive on data subject rights. The rights sit in Articles 12 to 23 and can limit a controller's ability to process data lawfully, affecting core business processes and even the business model.

Data subject rights and their Articles
ArticleRight
Arts 12–14Transparent communication and information
Article 15Right of access
Article 16Right to rectification
Article 17Right to erasure ('right to be forgotten')
Article 18Right to restriction of processing
Article 19Obligation to notify recipients
Article 20Right to data portability
Article 21Right to object
Article 22Right not to be subject to solely automated decision-making (incl. profiling)
Memorise the map

Examiners love asking 'which Article?'. Lock in: 15 access, 16 rectification, 17 erasure, 18 restriction, 20 portability, 21 object, 22 automated decisions.

Key terms - quick answers

What is “Data Protection Directive”?
The pre-GDPR EU framework (Directive 95/46/EC). Less far-reaching on data subject rights than the GDPR.
What is “Data subject rights”?
The set of enforceable rights individuals hold over their personal data, set out in GDPR Articles 12–23.
What is “Right to be forgotten”?
The popular name for the right to erasure under Article 17.