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Rights of the data subject

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Rights of the data subject

As personal data controller, the University of Maribor shall provide natural persons the possibility of exercising all statutory rights which include the following:

Access rights

The data subject shall have the right to obtain confirmation as to whether or not personal data concerning him or her, are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing,
  • the categories of personal data concerned,
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed,
  • the period for which the personal data will be stored,
  • the existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing,
  • the right to lodge a complaint with the supervisory authority,
  • where the personal data are not collected from the data subject, any available information relating to their source,
  • the existence of automated decision-making, including profiling as referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The controller shall provide a copy of personal data being processed. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

Right to rectification

The data subject shall have the right to obtain without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

If, as a data subject, you consider that your personal data that we process are inaccurate, please inform us about it in writing, as you have the right to request that we rectify the data.

Right to erasure (“right to be forgotten”)

The data subject shal have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
  • the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing,
  • the data subject objects to the processing (see right to object),
  • the personal data have been unlawfully processed,
  • the personal data have to be erased for compliance with a legal obligation in Union and Slovenian law.

Erasure shall not take place where the processing of personal data is necessary:

  • for exercising the right of freedom of expression and information,
  • for compliance with a legal obligation which requires processing by Union or Member State law applicable for 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,
  • for reasons of public interest in the area of public health,
  • for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes,
  • for the establishment, exercise or defence of legal claims.

If you, as a data subject, wish that we delete your personal data, you may request it in writing. You may exercise the right to erasure only in the limited cases listed above.

Right to the restriction of processing

The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

  • 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,
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,
  • the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims,
  • the data subject has objected to processing  pending the verification whether the legitimate grounds of the controller override those of the data subject.

If the data subject has requested a restriction for the reasons given, then the data may still be stored and all other types of processing carried out for the following reasons:

  • with the data subject’s consent,
  • for the establishment, exercise or defence of legal claims,
  • for the protection of the rights of another natural or legal person or
  • for reasons of important public interest of the Union or the Republic of Slovenia.

The data subject shall be informed by the controller before the restriction of processing is lifted.

If we have declined your request to delete the data, or if you only want to restrict the processing of your personal data, you may request in writing that we restrict the processing of your personal data. You may exercise the right to erasure only in the limited cases listed above.

Notification obligation regarding rectification or erasure of personal data or restriction of processing

The controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless:

  • this proves impossible or
  • involves disproportionate effort.

Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used, machine-readable and interoperable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

  • the processing is based on consent or on a contract and
  • the processing is carried out with automated means.

The right to data portability shall be admissible only where technically possible. The exercise of this right shall be without prejudice to the right to erasure.

The right to data portability shall not apply to the processing necessary:

  • for the performance of a task carried out in the public interest,
  • in the exercise of official authority vested in the controller.

 Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

The University of Maribor does not process personal data for direct marketing purposes, so there is no reason to assert, as a data subject, the right to object at any time to the processing of personal data relating to you for the purposes of direct marketing, including profiling, where it is linked to such direct marketing.

Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

As a data subject, you have the right to lodge a complaint with the Information Commissioner. The Information Commissioner will inform you about the state of the matter and his or her decision on the complaint.

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