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What is your duty to co-operate with your regulator?
Zoe Beels
Do you worry about the extent to which corporations protect your personal data? An Austrian law student (Max Schrems) acted on such concerns and, as result, toppled a 15 year old international legal agreement between the EU and the US which facilitated the flow of huge quantities of data across the Atlantic. On 6 October 2015, the Court of Justice of the European Union (in Maximilian Schrems v Data Protection Commissioner) invalidated the EU-US Safe Harbor agreement with immediate effect, sending shockwaves through the digital world.
Following the Court of Justice of the European Union decision in the now notorious “Google Spain” case, Google, and other search engine operators, have set up processes to deal with request by individuals to have URL links removed from search results against the individual’s name. Individuals are entitled to have URL links removed where, in summary, the link has an unwarranted and negative impact on an individual’s privacy – and this is judged by reference to information contained on the website which the link leads to.
The ability of an individual to require a data controller to provide full details of any personal data held about her is one of the central features of the Data Protection Act 19998 (DPA) – it is regarded by the Information Commissioner as a “fundamental right”.
The DPA sets out a number of exemptions to the right of access and the conventional view has been that, unless one of the exemptions is engaged, the data controller simply has to comply with any subject access request
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