The right of access plays a pivotal role in enabling other data rights, monitoring compliance and guaranteeing due process. The interpretation and accommodation of data subject rights should follow established CJEU case law requiring an ‘ effective and complete protection of the fundamental rights and freedoms’ of data subjects and the ‘ efficient and timely protection’ of their rights. We strongly advise the EDPB to consider the following points in its Guidance: The second half of this document takes a step back and makes recommendations on the broader issues surrounding the accommodation of data subject rights in general. The first half of this document lists recommendations for the four data subject rights mentioned in the EDPB’s plan to draft guidelines: right of access (Article 15) right to rectification (Article 16) right to erasure (Article 17) and the right to restriction of processing (Article 18). This document is based on comprehensive empirical evidence as well as CJEU case law, EDPB (and, previously, Article 29 Working Party) guidance and extensive scientific research into the scope, rationale, effects and general modalities of data rights. All of us were present at the recent stakeholder event on data rights in Brussels on 4 November 2019, and it is in the context and spirit of stakeholder engagement that we have created this document to explore and provide recommendations and examples in this area. We believe that the European Data Protection Board (EDPB) guidance on data rights currently under development is an important point to resolve a variety of tensions and grey areas which, if left unaddressed, may significantly undermine the fundamental right to data protection. We are a group of academics active in research and practice around data rights.
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