The data subject’s right to access to
information under GDPR and the right of the
data controller to protect its know-how Cover Image

The data subject’s right to access to information under GDPR and the right of the data controller to protect its know-how
The data subject’s right to access to information under GDPR and the right of the data controller to protect its know-how

Author(s): Dominika Kuźnicka-Błaszkowska
Subject(s): EU-Legislation, Sociology of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: data access; know-how; confidential information; personal data; GDPR;

Summary/Abstract: The data subject’s right to access information on data processinghas a very broad meaning. Considering the latest developments in this field(mainly the CJEU ruling on Austrian posts and EDPB guidelines) one candraw the conclusion that the controller’s right to protect its confidential in-formation is limited and less valuable than the data subject’s rights. However,this may lead to unfair and unequal treatment of companies and data subjects.When looking at this right in a more systematic perspective, it seems that themodel of the protection of personal data may go hand in hand with the control-lers’ business interests. A different interpretation may lead to the discourage-ment of entrepreneurs, both EU and foreign, from conducting business in theEuropean Union. This is not conducive to the development of the Europeanmarket and certainly will not attract foreign capital.

  • Issue Year: 2023
  • Issue No: 15
  • Page Range: 195-215
  • Page Count: 21
  • Language: English