What Are my Rights When It Comes to Personal Data? MyCase Solicitor Explains

As the world becomes increasingly digital and technologically connected, more and more companies are gathering our personal data for use in marketing campaigns, targeted ads, KPI information, and more.

While the majority of companies gather and use this data in a safe and legal manner, some companies can exploit this information and put your personal data at risk. Over the years, there have been a number of worrying data breaches from major companies, healthcare organisations, and educational facilities which have put thousands of people’s personal data at risk. These breaches have occurred in a number of ways including hacking, in-house stealing, unlawful destruction, alteration, and unauthorised access, personal data can be put at risk. If your personal data has stolen or compromised, you may be entitled to take legal action. Here, MyCase Solicitor’s data protection solicitors will explain your rights when it comes to your personal data.


What is Personal Data?

Personal data refers to any information that relates to an identified (or identifiable) living individual. This includes the person’s name, address, email address, ID card number, IP address, cookie ID, and more. Simply put, personal data is any information that could be used to identify you. In today’s digital world, companies in all industries can gather data from many sources, both supplied by the customer and from AI. This data is often used to create hyper-personalised, relevant advertising content for individuals, and is often stored on a secure database. When not being used for advertising or marketing content, personal data can be used by companies to measure engagement, sales, and customer interaction. In public, facilities, such as healthcare and education, personal data is often used to identify an individual for genuine reasons such as relevant treatment.


What Are my Rights Regarding Personal Data?

Under GDPR, data protection is a fundamental right for individuals. GDPR ensures that personal data must be processed and gathered fairly for specific purposes and the person whose data is being taken must give consent to give this data. GDPR also states that all indviduals are entitled to have their personal information protected and to be available if they ask for a copy. In order to process personal data, companies or organisations must have a lawful reason for doing so. The six lawful reasons for processing personal data include:

  1. Consent
  2. To Carry Out a Contract
  3. Where Personal Data is Necessary for a Task Carried Out in Public Interest
  4. Where Personal Data is Necessary for the Protection of Vital Interests of a Person
  5. Where an Organisation Must Meet a Legal Obligation
  6. In The Legitamite Interests of a Company or Organisation

If your data is taken by a company or organisation and does not fulfil any of the above lawful reasons, you are entitled to take legal action.


How to Take Legal Action Against a Data Breach?

As aforementioned, if your personal data has been compromised or taken unlawfully, you are entitled to take legal action. The first thing to do after falling victim to a data breach is to contact a data protection solicitor. These solicitors are experienced in the field of data protection and can advise you on the best route to take when it comes to obtaining and recovering your personal data, as well as what to do if your personal data has been stolen or made public unlawfully. MyCase Solicitors is a professional data protection solicitor service in Dublin offering legal advice and actionable legal services regarding all things GDPR. We have worked alongside individuals and companies when it comes to data protection, investigating data breaches and unlawful data gathering among other things. If you’re interested in finding out more about our personal data protection solicitor services, simply get in touch- we’d be happy to help.


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