Bitkom views on EDPB Guidelines 1/2022 on data subjects rights – Right of access

Bitkom welcomes the opportunity to comment on the EDPB Draft Guidelines on the access right under Regulation 2016/679. We believe that more cooperation and exchange between data protection authorities and practitioners is needed to translate the legal text of the GDPR into practice and reduce legal uncertainty.

If the EDPB could address some of the constraints that regulated sectors have to comply with, even if only by acknowledging them by outlining a respective example, such as regarding the identification and authentication of data subjects, that would help controllers from these sectors to understand the interplay between sectoral requirements and data privacy requirements. In general, we recommend that these guidelines be aligned with the needs of practicability and feasibility. Some parts of the current version are missing this perspective (e.g. tailored information according to Art. 15 (1) GDPR, single point of contact), which burdens companies with effort that cannot be considered as proportional according to constitutional law.

Our Position Papier can be downloaded here.