The General Data Protection Regulations (GDPR) includes a right for individuals to have inaccurate personal data rectified, or completed if it is incomplete (this is usually done by way of supplementary statement).
GDPR does not define what is meant by accurate, however, the Data Protection Act 2018 (DPA 2018) sets out that personal data is inaccurate if it is incorrect or misleading as to any matter of fact.
The right of rectification is closely linked to the accuracy principle present within the GDPR. However, although an organisation may have taken steps to ensure that the personal data was accurate when it was obtained, the right of rectification imposes a further obligation to reconsider the accuracy of such data upon request.
What can I do if someone is holding inaccurate personal data about me?
If someone is holding inaccurate personal data relating to you, you can make a request that the information is rectified.
Following a request for rectification, the organisation/individual processing the data will need to take certain steps to establish whether the data is accurate and what data needs to be rectified if any.
They will need to provide a response to any request for rectification within one month.
It is often very complex determining whether personal data is inaccurate. It is common for data to refer to a mistake that has subsequently been resolved. Some organisations/individuals may try to argue that the record of the mistake in itself is accurate and should be kept.
If you believe that someone is processing/holding inaccurate data about you, it is best to seek legal advice as soon as possible.
How can we help?
Ruby Ashby is an Associate in our expert Dispute Resolution team.
For any queries relating to the topics discussed in this article, please call Ruby or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or contact us via our online form.