Article 15(3) Of GDPR And Right To Access Files Or Documents – An Austrian Perspective

Right to a copy of personal data

With the adoption of the EU General Data Protection Regulation (2016/679) (GDPR), the EU legislature intended to strengthen the rights of individuals (ie, data subjects or applicants) by giving them greater control over how their personal data is used. Accordingly, the right of access has been reinforced.

Notably, data controllers must provide applicants with a copy of their personal data (Article 15(3) of the GDPR). This provision has led to some confusion over whether Article 15(3) grants applicants the right to access files or documents containing personal data such as emails, letters and contracts. Files or documents do not qualify as 'personal data' but are the 'medium' on which the data is stored. Still, lawyers are increasingly resorting to Article 15(3) as a means to obtain documentary evidence for their clients.