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2.9 What are the rights of those involved, how do I respect these and what exceptions apply to research?

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Within the GDPR, the parties involved have different rights with regard to their data:

  • Right to information : data subjects must be informed in a clear and transparent manner if their personal data is processed
  • Right to view : a data subject can always ask whether data about him is being processed, what data this is, why it is being processed and with whom it is shared.
  • Right to correction : if the information is not correct, the parties involved may request that it be corrected.
  • Right to data deletion  Under certain circumstances (eg the withdrawal of consent within the framework of the GDPR) the data subjects have the right to have their personal data deleted. There are exceptions to this right in a research context insofar as the said right threatens to render the realization of the purposes of that processing impossible or seriously jeopardize it. 
  • Right to limit processing : data subjects may request to stop processing data.
  • Right to data transferability : data subjects may request to receive their data, in an easily legible and manageable format.
  • Objection to automated decision-making and profiling

In research context, some rights are limited to a greater or lesser extent in different circumstances.

If your investigation becomes seriously impeded or impossible when data subjects wish to exercise their right to inspect, correct, restrict processing and objection, you can limit these rights for investigation purposes. In this case it is important to clearly state in the register the need for deviating from one or more of these rights, per right.

Since limiting the rights entails more risks for the rights and privacy of those involved, it is important to provide appropriate safeguards against this in your research as defined in the Belgian Framework Act [to be supplemented if there is more clarity about this exists].

The information that researchers provide to those involved must clearly state which rights there are and how they can be exercised.

 

 
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Artikel details
Artikel ID: 422
Categorie: 2. Research Design
Beoordeling (Stemmen): Artikel nog niet beoordeeld (0)

 
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