publishable_be_2019-01_rightofaccessandtoerasure_summarypublic.pdf

Summary Final Decision Art 60
Complaint

Compliance order to controller

Background information
Date of final decision: 29 January 2019
LSA: BE
CSAs: DE (Rhineland-Palatinate), FR
Legal Reference: Right of Access (Article 15), Right to erasure (Article 17), Transparent information, communication and modalities for the exercise of the rights of the data subjects (Article 12)

Decision: Compliance order to controller
Key words: Data subject rights, Right of access, right to erasure, transparency

Summary of the Decision
Origin of the case
The complainant requested that the controller shall grant his right to access and following this, grant the right to erasure. The complainant did not receive any reply at all until the date of the complaint, despite the obligation provided in Article 12.3 GDPR, according to which the controller shall inform the data subject about the follow-up of the request within one month since the receipt thereof.

Findings
So far, the controller has not reacted to the initial request for the exercise of the right of access and the right to erasure.

Decision
The SA issued a data subject rights compliance order to the controller on the Right to Access and following this the Right of Erasure.


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