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          • Year: 2019
          • Personal Data Protection by EU Law Enforcement Authorities: Rights of Data Subjects

          • This policy brief explains what rights you have if the courts, police, prosecutors or prisons process your personal information in connection with a crime or other threat to public security.

          • Right to be Informed

          The competent authority must inform you, either proactively or on request, if they are processing your personal data, including what type of data they are processing, on what legal basis, for what purpose, how long they will store the data and with whom they will share it.

          • Right to Access

          You have the right to request and be granted access to your personal data that is held by competent authority.

          • Right to Rectification

          If you notice that your personal data held by the competent authority is incorrect, out of date or incomplete, you can request that the data be rectified or completed.

          • Right to Erasure

          You have the right to request that the competent authority erase your personal data if the processing of such data violates your rights and relevant regulations.

          • Right to Restriction of Processing

          You can request that the competent authority restrict the processing of data until it is confirmed that the personal data held is accurate.

          In certain circumstances the competent authority may restrict the above rights. You can contact the Commissioner for Personal Data Protection if you wish to check whether your personal data is being handled in accordance with the law.

          • Right to Human Intervention

          If you are a victim of discrimination by the competent authority due to a decision made exclusively as the result of automated data processing - i.e. based on a profile of you made by a computer - you have the right to request that a human operator check whether the computer has made an error.

          • Categorisation

          The competent authority must ensure they have categorised you correctly:

          a)      Suspect, accused, defendant

          b)      Convicted

          c)       Victim

          d)      Other parties connected to a criminal offence (witnesses, informants, associates and other contacts)

           

          You are entitled to these rights even if you are not an EU citizen.

           

          The policy brief is a part of the project “Defending the Right of Access to Information,” which is supported by the Open Society Foundation in Serbia.

        • Tags: police directive, personal data protection, eu, Jelena Pejic Nikic
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