menu MENU
arrow_back Back to the list of all Articles
Change country (Currently : United Kingdom) language
Contact our local member in United Kingdom mail_outline
Visit the website of Moore Blatch account_balance

arrow_backPrevious Article
Article 19
Next Articlearrow_forward

Notification obligation regarding rectification or erasure of personal data or restriction of processing

Official
Texts Guidelines Caselaw Review of
EU Regulation Review of
Nat. Regulation
Show key term(s) and Article(s) related to article 19 of the Regulation keyboard_arrow_down Hide key term(s) and Article(s) related to article 19 keyboard_arrow_up

Articles related to article 19

Key words related to article 19

There is no recital in the Regulation related to article 19.

There is no recital in the Directive related to article 19.

The GDPR

Article 19 sets up a notification obligation of the data controller that requires them to communicate to each data recipient any rectification, erasure or restriction of processing on the basis of Articles 16, 17 (1) and Article 18 of the Regulation.

The controller, however, can avoid this obligation if they prove that such communications is impossible or involves disproportionate effort.

The final compromise on the future Regulation supplements Article 18 with an obligation to inform the data subject of the identity of recipients when the data subject so requests.

The Directive

The Directive already required the states to guarantee to data subjects the right to obtain notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking, unless this proves impossible or involves a disproportionate effort (see Article 12 c)).

Potential issues

This right is difficult to manage. It requires a perfect management of data transfers to third parties and strongly depends on the sustainability of those third parties (transformation, bankruptcy, etc.). The inability to escape it must however be objective and can not be confused with the lack of implementation of a transmission monitoring procedure.

arrow_back Previous Article • Article 19 • Next Article arrow_forward
arrow_back Previous Article • Article 19 Next Article arrow_forward
arrow_back Previous Article • Article 19 Next Article arrow_forward
Retour au sommaire
arrow_back Previous Article • Article 19 Next Article arrow_forward
Regulation
1e 2e

Art. 19

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.
1st proposal close

Art. 13 

The controller  shall communicate  any rectification or erasure carried out in accordance with Articles 16 and 17 to each recipient to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort.
2nd proposal close

Art. 17b

The controller shall communicate any rectification, erasure or restriction of processing carried out in accordance with Articles 16, 17(1) and 17a to each recipient to whom the data have been disclosed (...) unless this proves impossible or involves disproportionate effort.
Directive close

Art. 12

Member States shall guarantee every data subject the right to obtain from the controller:

c) Notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort.
United Kingdom
compare_arrows

14. Rectification, blocking, erasure and destruction

(1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

(2) Subsection (1) applies whether or not the data accurately record information received or obtained by the data          controller from the data subject or a third party but where the data accurately record such information, then—

(a) if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and

(b) if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a).

(3) Where the court—

(a) makes an order under subsection (1), or

(b) is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate, it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction.
arrow_back Previous Article • Article 19 Next Article arrow_forward
close

2016 - www.itiplaw.eu.