What is a Data Subject?

Data subject refers to any living individual whose personal data is collected, stored, or processed by an organisation. Under the UK and EU GDPR, a data subject can be identified through direct or indirect means, such as a name, ID number, location data, or other attributes linked to their identity.

Data subjects have specific rights over how their personal information is handled, ensuring their privacy and control over their own data.

Key Characteristics of a Data Subject

A data subject can be identified by:

• Personal Identifiers: such as name, ID number, or location data.‍
• Unique Attributes: like physical, genetic, economic, or social factors that help identify them.

Data Subject Rights

Data subjects have several rights under GDPR, designed to protect their personal data, including:

• Right to Access: The right to request information about the data collected and how it is used.
• Right to Rectification: The ability to correct inaccurate data.
• Right to Erasure: The right to have personal data deleted under specific conditions.
• Right to Data Portability: The ability to receive their data in a structured format and transfer it to another organisation.
• Right to Object: The ability to object to data processing based on legitimate interests, direct marketing, or research purposes.

Why is the Data Subject Important in GDPR?

The data subject is at the heart of GDPR regulations, and organisations are legally obligated to ensure the privacy and protection of the individual's data. Without their explicit consent or legitimate grounds, businesses cannot process or share their personal information.

How Organisations Should Handle Data Subjects' Rights

Organisations must implement systems that allow data subjects to exercise their rights easily. For example:

• Data Subject Access Requests (DSARs): Companies must respond to requests for data access promptly.‍
• Data Protection Impact Assessments (DPIAs): Organisations should assess risks when processing personal data to ensure data subjects' privacy is protected.

How Can You Protect Yourself From Violating Data Subject Rights?

Failing to fulfil a valid data subject rights request can be a serious GDPR violation.

Recent data from the UK regulator shows that it received over 1,300 complaints about the “right to access”—more than any other type of complaint. Failing to fulfil a data subject’s request can damage customer trust and harm a company’s reputation.

Organisations can violate data subject rights because they don’t have an accurate personal data inventory.

Consider this recent 3,700 euros GDPR fine about the “right to be informed”. The company’s privacy notice mischaracterised how data subjects’ information was processed and was not available in all the relevant languages. The penalty was relatively small, but the investigation took nearly two and a half years.

The GDPR’s requirements can seem overwhelming. But compliance is possible if you take data protection seriously, employ a systematic approach, and use the right tools.

Privasee provides the features you need to become GDPR compliant. With just a few questions and a scan of your website, Privasee can provide these GDPR compliance tools:

• Personal data inventory: The backbone of GDPR compliance, helping you understand how personal data flows through your organisation.
• Self-updating policies: Privasee uses AI to generate and maintain privacy policies and cookie banners in multiple languages.

Like your business, data protection regulation is constantly evolving. Privasee keeps your privacy policies up-to-date, helping you focus on growing your company and serving your customers. 

Conclusion

Respecting the rights of data subjects is a cornerstone of GDPR compliance. 

Here some key takeaways:

• A data subject is an “identified or identifiable natural person”—a living individual.
• Personal data can take many forms, from names to IP addresses and device data.
• Data subjects have rights under the GDPR, and it’s your responsibility to fulfil them.

To learn how Privasee can help you meet your legal obligations to data subjects, book a demo today. 

Data Subject - FAQs

What types of data fall under data subject rights?

‍Personal identifiers like names, contact details, IP addresses, and more are protected under GDPR.

How long does an organisation have to respond to a data subject’s request?

‍Under GDPR, organisations generally have one month to respond to a data subject’s request.

Can a data subject withdraw their consent for data processing?

‍Yes, data subjects have the right to withdraw their consent at any time, and organisations must cease processing the data unless they have other legal grounds.

What happens if an organisation breaches a data subject’s rights?

‍If an organisation fails to comply with GDPR, it could face penalties, including fines and legal action.