March 12, 2024
Author: Arnav Kumar
In today’s emerging digital
age, collecting customers’ personally identifiable information (PII) is part
and parcel of running a business. As data collection technologies evolve, so do
regulations designed to protect a consumer’s personal information. One such
regulation is the Data Subject Access Request (DSAR).
DSARs are legal entitlements that allow consumers to access
their data. They serve the specific purpose of requesting access to hold data
and its use. Data Subject Access Requests (DSARs) fall under the wider umbrella
of Data Subject Requests (DSRs), which cover a range of rights held by data
subjects. DSRs cover the rights to data correction or rectification, pause data
processing, data deletion or erasure, restrict data usage, and transfer data to
a different controller (data portability).
Upon receiving a DSAR from a consumer, a company under the
purview of data privacy regulations is legally required to fulfil and
adequately address the request as stipulated by the relevant law. All data
can be requested by Data subjects (requesters) including personal data a
company holds, as well as a summary of whom that data may have been shared with
or sold to.
Numerous jurisdictions worldwide have enacted Data privacy
laws. These laws stipulate a consumer’s right of access and require that
consumers can access the personal data that a company has collected from them.
They can request the data be securely sent to them, require companies to delete
any personal information they’ve stored, and opt out of data sales to
third-party vendors.
The General Data Protection Regulation (GDPR), an influential
data privacy law that protects people within the European Union (EU) and the
European Economic Area (EEA), has made DSARs increasingly prominent. They’re
now included in several other laws around the world, including the Brazilian
General Data Protection Law (LGPD) and California Consumer Protection Act
(CCPA).
The introduction of DSARs has had a significant impact on
businesses. Companies are now required to have a process in place to handle
these time consuming and costly requests. However, the benefits of complying
with these regulations far outweigh any negative costs. By respecting the
privacy rights of consumers, businesses can build a relationship of trust and
loyalty with their customers.
Businesses often encounter several common pitfalls and
challenges with DSARs:
1. Failure
to Properly Verify DSARs: Proper verification of DSARs is crucial to
prevent unauthorized access to personal data or potential privacy breaches.
Businesses must ensure a robust verification process in place to confirm the
identity of the individual making the request.
2. Inappropriate
Requests: At times, companies may be confronted with unsuitable inquiries,
like those from estranged parents or stepparents without legal guardianship
seeking a student's personal details, or discontented customers requesting data
regarding other patrons or staff members. It is important to recognize and
appropriately handle such requests.
3. Third-Party
Communication on Data Deletions: DSARs may involve the deletion of personal
data held by third-party vendors or partners. Businesses must ensure they have
processes in place to communicate these requests effectively to third parties.
4. Failure
to Prioritize Data Protection: Organizations that fail to prioritize data
protection and handle DSARs appropriately risk damaging their relationships
with customers and stakeholders. Today, news of data breaches and privacy
violations spread quickly, leading to public scrutiny and loss of trust.
5. Multiple
sources: PII can be spread across various databases, applications, and even
physical records, making it difficult to locate and compile complete
information for an individual. This can significantly increase the time and
resources required to fulfil a DSAR.
6. Balancing
access and security: Ensuring secure access to individual data while
limiting unauthorized access across numerous systems poses a significant
challenge. Implementing robust access controls and verification procedures is
crucial but can add complexity to the process.
Being aware of these common challenges, businesses can
better prepare themselves to handle DSARs effectively and comply with data
privacy regulations.
To simplify the DSAR process, it’s crucial to establish a
transparent DSAR workflow for your team to address consumer requests, helping
your business comply with applicable data privacy laws and building customer
trust. A step-by-step guide can make a reliable, legally-sound, and easy DSAR
process for your business and users.
Businesses can try to implement solutions focusing on the
challenges:
As data privacy laws continue to evolve, so too will the
requirements for DSARs. Businesses must stay updated on these changes to ensure
they remain compliant. Not only does this protect the rights of consumers but
also builds trust and transparency between businesses and their customers.
Additionally, as consumers become more aware of their data rights, the number
of DSARs is likely to increase. Therefore, businesses must be prepared to
handle these requests efficiently and effectively.
What can Proxiio do for you?
Our Data Subject Access Request
(DSAR) service is designed to facilitate and manage the challenges of discovery
and review of documents for organizations that hold and process personal data.
Choose Proxiio's DSAR service to navigate the complexities
of data privacy with ease. Our expert team, tailored approach, and commitment
to security make us the ideal partner for organizations striving to maintain
transparency and adhere to legal requirements in the handling of personal data.
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