Applies toEUDEAT

Right of Access (Article 15 GDPR)

Every data subject's right to information + a copy of their data

TL;DR

Under Article 15 GDPR, every data subject has the right to obtain from the controller confirmation as to whether their personal data are being processed — and, if so, information on the purposes, categories of data, recipients and storage period, plus a copy of the data. Deadline: 1 month (extendable to 3).

What is the right of access (Article 15 GDPR)?

The mandatory information covers (Article 15(1)):

  1. Purposes of processing
  2. Categories of personal data
  3. Recipients or categories of recipient
  4. Storage period or the criteria for it
  5. Existence of the right to rectification / erasure
  6. Right to lodge a complaint with the supervisory authority
  7. Source of the data
  8. Automated decision-making (Article 22) — including the 'meaningful logic' involved in ADM

Practical example

CJEU C-203/22 (Dun & Bradstreet, 02/2025): in the case of algorithmic decisions, the 'logic involved' must be capable of being explained. The consequence: black-box algorithms are problematic.

Frequently asked questions

Do I have to provide the information free of charge?
Yes, the first time. For 'manifestly unfounded' or 'excessive' requests, a reasonable fee may be charged (Article 12(5)).
How quickly must I respond?
1 month from receipt. An extension by 2 months is possible, provided the data subject is informed.
Information to the accused person in HinSchG proceedings?

Germany: Restricted under § 29 of the German Federal Data Protection Act (BDSG) — the identity of the whistleblower may not be disclosed.

Austria: § 29 BDSG does not apply here (the BDSG is German law). Protection of the whistleblower's identity follows from the confidentiality provision in § 7 of the Austrian Whistleblower Protection Act (HSchG); any restrictions on access are governed by the Austrian Data Protection Act (DSG) rather than by the BDSG. The competent supervisory authority is the Austrian Data Protection Authority (Datenschutzbehörde) (§ 18 DSG).

See also

Practitioner note: This article is practice-oriented compliance documentation, not legal advice. We are compliance specialists, not a law firm. For legally binding advice, consult a qualified lawyer.