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Whenever personal data is processed, the data subject defined in GDPR has the following rights vis-à-vis the data controller:
1. Right to information
Data subjects (users) can request the GFZ Helmholtz Centre for Geosciences controller to confirm whether or not the GFZ Helmholtz Centre for Geosciences is processing their personal data.
If this is the case, data subjects are entitled to request the following information from the GFZ Helmholtz Centre for Geosciences controller:
- the purposes for which the personal data is being processed;
- the recipient or category of recipient to whom your personal data has been or is to be disclosed;
- the period for which your personal data will be stored, or, if no specific information can be provided, the criteria used to determine that period;
- the existence of a right to request the controller to rectify or erase your personal data, to restrict the controllers processing of your personal data, or to object to such processing
- the existence of a right to complain to a supervisory authority;;
- where the personal data is not collected from the data subject, any available information as to its source.
2. Right to rectification
Data subjects have the right to request the GFZ Helmholtz Centre for Geosciences controller to rectify and/or complete their personal data insofar as that of their personal data being processed is incorrect or incomplete. In such cases, the GFZ Helmholtz Centre for Geosciences controller must rectify the data immediately.
3. Right to restriction of processing
Data subjects are entitled to request restrictions on the processing of their personal data in the following circumstances:
- if the accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data;
- if the controller no longer needs the personal data for the purposes for which it was processed but it is still required by the data subject for the establishment, exercise, or defence of legal claims;
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if the data subject has objected to the processing of his/her data pursuant to Article 21 no. 1 GDPR and it has not yet been established whether the legitimate grounds of the GFZ override those of the data subject.
If the processing of the data subjects personal data has been restricted, this data may with the exception of storage only be processed with the data subjects consent, or to establish, exercise, or defend legal claims, or to protect the rights of another natural or legal person, or for reasons of important public interest within the EU or an EU member state.
A data subject who has obtained restriction of processing under the conditions specified above must be informed by the GFZs data controller before the restriction of processing is lifted.
4. Right to erasure
a) Erasure obligation
The data subject may request the controller to erase his/her personal data without delay, in which case the controller is obliged to erase the data without delay where one of the following grounds applies:
- The personal data is no longer necessary for the purposes for which it was collected or otherwise processed.
- The data subject withdraws the consent on which the processing is based pursuant to Art. 6 no. 1 lit. a or Art. 9 no. 2 lit. a GDPR, and there are no other legal grounds for the processing.
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The data subject objects to the processing of his/her data pursuant to Art. 21 no. 1 GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing of his/her data pursuant to Art. 21 no. 2 GDPR.
- The user's personal data was processed unlawfully.
- The personal data has to be erased for compliance with a legal obligation in EU or member state law to which the controller is subject.
b) Information to third parties
If the GFZs controller has made the data subjects personal data public and is obliged pursuant to Art. 17 no. 1 GDPR to erase it, the controller, taking account of the technology available and the cost of implementation, must take reasonable steps, including technical measures, to inform controllers who are processing the personal data that the data subject has requested the erasure of any links to, or copy or replication of, his/her personal data
c) Exceptions
No right of erasure exists if the data has to be processed
- to exercise a right to freedom of speech and information;.
- for compliance with a legal obligation according to which processing is required by EU or member state law to which the controller is subject, or for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the controller;
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for reasons of public interest in the area of public health pursuant to Art. 9 no. 2 lit. h, i and Art. 9 no. 3 GDPR;
- for archiving purposes in the public interest, for scientific or historical research purposes, or for statistical purposes pursuant to Art. 89 no. 1 GDPR, insofar as the right referred to in point a is likely to render impossible or seriously impair the achievement of the objectives of the processing; or
- for the establishment, exercise, or defence of legal claims.
5. Right to notification
If the data subject exercises his/her right to rectification or erasure of personal data or restriction of processing, the controller is obliged to communicate this to all recipients to whom the personal data has been disclosed unless this proves impossible or involves disproportionate effort.
The GFZ Helmholtz Centre for Geosciences controller is obliged to inform the data subject about these recipients if so requested.
6. Right to object
The data subject has the right to object at any time, on grounds relating to his/her particular situation, to any processing of his/her personal data effected on the basis of Art. 6 no. 1 lit. e or f GDPR.
If this right is exercised, the GFZ Helmholtz Centre for Geosciences controller will cease processing this personal data unless he/she can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or if the data has to be processed for the establishment, exercise, or defence of legal claims.
7. Right to revoke the declaration of consent provided in compliance with data protection legislation
The data subject has the right to withdraw his/her consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing effected on the basis of the data subjects consent before its withdrawal.
8. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, the data subject has the right to lodge a complaint with a supervisory authority, in particular in the member state of his/her habitual residence, place of work, or place of the alleged violation, if the data subject considers that the processing of his/her personal data violates the GDPR.
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