Article 19
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

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.

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.

Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and completed

Article 14:

(1) Every data subject has the right to obtain from the data controller, upon request, and free of any charge:

c) notification to a third party to whom the data were disclosed, of any operation performed according to letters a) [as the case may be, rectification, updating, blocking or deletion of data whose processing does not comply with the provisions of the present law, notably of incomplete or inaccurate data] or b) [as the case may be, transforming into anonymous data the data whose processing does not comply with the provisions of the present law], unless such notification does not prove to be impossible or if it does not involve a disproportionate effort towards the legitimate interest that might thus be violated.

(2) In order to exert the right stated in paragraph (1), the data subject shall fill in a written, dated and signed petition. The petitioner may state his/her wish to be informed at a specific address, which may also be an electronic mail address, or through a mail service that ensures confidential receipt of the information.

(3) The data controller has the obligation to communicate the measures taken, based on the provisions of paragraph (1), as well as, as the case may be, the name of a third party to whom the data concerning the data subject were disclosed, within 15 days from the date of the petition’s receiving, whilst complying with the petitioner’s possible option, according to paragraph (2).

 

Austria close

No provision under Austrian law.

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