Key References:

  • Art. 5(1)(d)
  • Art. 16
  • Recital 39.11

Art. 5

1. Personal data shall be:

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

Data Accuracy/Quality:

  • The UK Data Protection Act 2018 s. 205(1) defines “inaccurate” as personal data that is “incorrect or misleading as to any matter of fact”;
  • The UK ICO guidance on data accuracy includes the following principles:
    • data should be complete, which includes recording mistakes and sequence of events;
    • data should identity facts from opinions;
    • data should be up to date
    • controllers and processors should accurately record the information, record the source of information, take reasonable steps to ensure accuracy, and carefully consider challenges to the accuracy of the information, which includes data subject’s Right to Rectification pursuant to Art. 16 of the GDPR.

Recital 39

  • 11 Every reasonable step should be taken to ensure that personal data which are inaccurate are rectified or deleted.

Art. 16

  • The data subject shall have the right to obtain from the controller 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.