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The right of access under the GDPR gives data subjects the right to see which personal data you process about them (Article 15 GDPR). However, that right is not limitless: it applies only to personal data, not to all documents, and must yield to the rights of others and in cases of abuse.
What does the right of access entail?
Pursuant to Article 15 of the GDPR, an individual has the right to request whether, and if so which, personal data you process about them, for what purpose, and with whom you share it. You must respond to this within the statutory time limit and, in principle, provide a copy of the data. This right strengthens people's control over their own data.
It relates to data, not to all documents
A common misconception: the right of access does not grant the right to all documents or internal analyses. It concerns the personal data themselves, not complete documents, emails, or policy papers as such. You may redact or redact data relating to others and non-personal data.
Boundaries: rights of others and business interests
The right of access must not prejudice the rights and freedoms of others. If, for example, it involves third-party data or confidential business information, you may protect it. A request may therefore be limited to the extent necessary to protect those interests.
Abuse and improper use
The use of the right of access for another purpose, for example as leverage in an employment or damages dispute, is a matter for discussion. In the case of manifestly unfounded or excessive (repeated) requests, you may, under certain conditions, charge a fee or refuse them. Assess each request carefully and with reasons.
Frequently Asked Questions
Do I have to provide all documents with an access request?
No. The right of access applies to personal data, not to complete documents or internal analyses. You may anonymize third-party data.
May I refuse a request for access?
In the case of manifestly unfounded or excessive requests, you may, under certain conditions, request compensation or refuse it. Provide reasons for doing so.
What if data from others is involved?
Then you may protect them: the right of access may not prejudice the rights and freedoms of others.
Handling access requests properly?
Our legal experts advise on access requests and draft your privacy statement via a privacy scan. View our privacyteam or schedule a free consultation.
