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Transparency and Rights of the Data Subject

  • Indranath Gupta,
  • Sherin Sarah Philip,
  • Paarth Naithani

摘要

The idea and framework of transparency provide the necessary foundation for protecting the privacy of individuals. However, there is no universal standardised scale available to measure the transparency level that a data controller should follow. This chapter will discuss the meaning associated with the transparency principle. Amongst other things, the chapter will discuss the general rules of the transparency requirement (Article 12) and the requirement of information to be provided (Articles 13–14). Further, the chapter will discuss how the transparency principle is connected to other rights and principles under the GDPR. It will broadly cover the rights of the data subject under the GDPR including the right to access (Article 15), right to erasure (right to be forgotten) (Article 17), the right to data portability (Article 20) and right to object to data processing (Article 21). Various CJEU judgements will be discussed in the process.