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UK GDPR Rights for Individuals

DigitalUK-wideLast reviewed: 1 April 20256 min

The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) give individuals in the UK eight legally enforceable rights over how organisations collect, store, and use their personal data. These rights apply whether the data is held by a business, public body, or online platform.

Key points

  • UK GDPR gives you eight rights: to be informed, of access, to rectification, to erasure, to restrict processing, to portability, to object, and rights around automated decision-making.
  • Organisations must respond to requests to exercise these rights within one month in most cases.
  • Rights are not absolute — exemptions apply in areas such as law enforcement, national security, and journalism.
  • The Information Commissioner's Office (ICO) enforces UK GDPR and can impose fines of up to £17.5 million or 4% of global turnover.
  • You can complain to the ICO if an organisation fails to uphold your data rights, and you may be able to seek compensation through the courts.

The Eight Individual Rights Under UK GDPR

UK GDPR sets out eight rights for individuals:

  1. Right to be informed: Organisations must tell you how they use your personal data through a clear privacy notice before collecting it.
  2. Right of access: You can ask what personal data an organisation holds about you, why, how it is used, and who it is shared with (a Subject Access Request).
  3. Right to rectification: You can ask for inaccurate or incomplete personal data to be corrected.
  4. Right to erasure ("right to be forgotten"): In certain circumstances, you can ask for your data to be deleted.
  5. Right to restrict processing: You can ask an organisation to limit what it does with your data while a dispute is resolved.
  6. Right to data portability: You can ask for your data in a machine-readable format to transfer to another provider.
  7. Right to object: You can object to processing based on legitimate interests or for direct marketing; direct marketing objections must be complied with immediately.
  8. Rights in relation to automated decision-making and profiling: You have the right not to be subject to significant decisions made solely by automated systems without human review.

How to Exercise Your Rights

To exercise any of your UK GDPR rights:

  • You do not need to use any specific form — a written request (email is sufficient) to the organisation's Data Protection Officer (DPO) or data controller is enough.
  • The organisation has one month from receipt of a valid request to respond. This can be extended by up to two further months for complex or numerous requests, but they must tell you within the first month if an extension applies.
  • Exercising your rights is generally free. Organisations can charge a "reasonable fee" or refuse to respond only where requests are "manifestly unfounded or excessive" — for example, repetitive requests made to harass.
  • If an organisation holds a large amount of data about you, they may ask you to clarify your request — this pauses the one-month clock.

When Rights Can Be Restricted

UK GDPR rights are not absolute. Organisations may restrict or refuse to comply with rights requests in specific circumstances, including:

  • Crime prevention and detection: Police and other agencies may withhold information that could prejudice ongoing investigations.
  • National security and defence: Broad exemptions apply to intelligence services and armed forces.
  • Legal proceedings: Data processed for legal advice or in the context of actual or anticipated proceedings may be protected by legal professional privilege.
  • Journalism, research, and public interest: Journalistic data may be exempt where disclosure would be incompatible with editorial purposes.
  • Third-party data: An organisation can redact or withhold information in a SAR response where fulfilling it would reveal personal data of third parties who have not consented.

Where an exemption is claimed, the organisation should still tell you that they are withholding information and, where possible, on what grounds.

Enforcing Your Rights Through the ICO

If an organisation fails to respond to your rights request, or responds inadequately:

  1. Complain to the organisation first — many have a complaints process and a DPO who can resolve the matter.
  2. Complain to the ICO: You can report the organisation at ico.org.uk. The ICO will assess whether the organisation has breached UK GDPR and can issue enforcement notices and financial penalties.
  3. Seek compensation through the courts: Under Article 82 of UK GDPR, if you have suffered material or non-material damage (including distress) as a result of a data protection breach, you can bring a civil claim for compensation. Many such claims are brought under the small claims or fast-track procedure.

The ICO cannot award you compensation — only a court can do that. However, the ICO's findings can support a court claim.

Frequently asked questions

Does UK GDPR apply to UK companies after Brexit?
Yes. The UK retained the EU GDPR into domestic law as UK GDPR via the European Union (Withdrawal) Act 2018. UK GDPR came into force on 1 January 2021 and operates alongside the Data Protection Act 2018. The rights and obligations are substantially identical to EU GDPR, with some UK-specific modifications.
Can I exercise UK GDPR rights against any company, including those based overseas?
UK GDPR applies to any organisation that processes personal data of individuals in the UK, regardless of where the organisation is based, if it offers goods or services to UK residents or monitors their behaviour. However, enforcing rights against non-UK organisations can be practically difficult — the ICO has jurisdiction but limited enforcement reach outside the UK.
What is the difference between UK GDPR and the Data Protection Act 2018?
UK GDPR is the primary regulation setting out core rights and obligations. The DPA 2018 supplements UK GDPR with UK-specific provisions, including additional exemptions (e.g., for national security, immigration, journalism) and rules for processing in specific sectors. Both pieces of legislation work together and are enforced by the ICO.
Can I claim compensation if a company loses my data in a breach?
Yes. Under Article 82 of UK GDPR, you can claim compensation for material damage (financial loss) and non-material damage (distress, anxiety) caused by a data breach. You must bring the claim in the county court. Group litigation orders have been used for large-scale breaches affecting many individuals.

What to do next

  1. 1
    ICO individual rights guide

    The ICO's official guidance on your data protection rights.

  2. 2
    Make a data subject access request

    How to request all data an organisation holds about you.

  3. 3
    Right to erasure

    When and how to get your personal data deleted.

  4. 4
    Data breach rights

    Your rights when an organisation suffers a data breach.

Official bodies and resources

Information Commissioner's Office

Regulator

The UK's independent authority for data protection and information rights, enforcing the UK GDPR and Data Protection Act 2018.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.