The right of access and how it is exercised

Article 12 of Law no. 1.565 of December 3, 2024 grants anyone who can prove his or her identity the right to obtain confirmation from the data controller as to whether or not his or her data are being processed, and if so, to have them communicated to him or her in a readable and comprehensible form.

This is known as the right of access.

This right is generally exercised directly with the data controller, but it can also be exercised indirectly. In the case of processing carried out for the purposes of preventing, detecting, investigating and prosecuting criminal offences, or for the enforcement of penalties, the data subject must submit a request to the APDP to check whether his or her data are being processed.

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