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GDPR death letter
Dear Sir/Madam:
I am writing to you in your capacity as data protection officer for your
company. In light of recent spam received on this email address,
I am making this request for access to personal data
pursuant to Article 15 of the General Data Protection Regulation.
I am concerned that your company’s information practices may be putting my
personal information at undue risk of exposure or in fact has breached its
obligation to safeguard my personal information.
I proof my identity and this email address property by signing this email with
my GPG key 0xefb74277ece4e222.
If you require further information, please contact me at my address above.
I would like you to be aware at the outset, that I anticipate reply to my
request within one month as required under Article 12, failing which I will be
forwarding my inquiry with a letter of complaint to the CNIL (French RGPD
regulator).
Please advise as to the following:
1. Please confirm to me whether or not my personal data is being processed.
If it is, please provide me with the categories of personal data you have
about me in your files and databases.
a. In particular, please tell me what you know about me in your
information systems, whether or not contained in databases, and including e-
mail, documents on your networks, or voice or other media that you may store.
b. Additionally, please advise me in which countries my personal data is
stored, or accessible from. In case you make use of cloud services to store or
process my data, please include the countries in which the servers are located
where my data are or were (in the past 12 months) stored.
c. Please provide me with a copy of, or access to, my personal data that
you have or are processing.
2. Please provide me with a detailed accounting of the specific uses that
you have made, are making, or will be making of my personal data.
3. Please provide a list of all third parties with whom you have (or may
have) shared my personal data.
a. If you cannot identify with certainty the specific third parties to
whom you have disclosed my personal data, please provide a list of third
parties to whom you may have disclosed my personal data.
b. Please also identify which jurisdictions that you have identified in
1(b) above that these third parties with whom you have or may have shared my
personal data, from which these third parties have stored or can access my
personal data. Please also provide insight in the legal grounds for
transferring my personal data to these jurisdictions. Where you have done so,
or are doing so, on the basis of appropriate safeguards, please provide a
copy.
c. Additionally, I would like to know what safeguards have been put in
place in relation to these third parties that you have identified in relation
to the transfer of my personal data.
4. Please advise how long you store my personal data, and if retention is
based upon the category of personal data, please identify how long each
category is retained.
5. If you are additionally collecting personal data about me from any source
other than me, please provide me with all information about their source, as
referred to in Article 14 of the GDPR.
6. If you are making automated decisions about me, including profiling,
whether or not on the basis of Article 22 of the GDPR, please provide me with
information concerning the basis for the logic in making such automated
decisions, and the significance and consequences of such processing.
7. I would like to know whether or not my personal data has been disclosed
inadvertently by your company in the past, or as a result of a security or
privacy breach.
a. If so, please advise as to the following details of each and any such
breach:
i. a general description of what occurred;
ii. the date and time of the breach (or the best
possible estimate);
iii. the date and time the breach was discovered;
iv. the source of the breach (either your own
organization, or a third party to whom you have transferred my personal data);
v. details of my personal data that was disclosed;
vi. your company’s assessment of the risk of harm to
myself, as a result of the breach;
vii. a description of the measures taken or that will
be taken to prevent further unauthorized access to my personal data;
viii. contact information so that I can obtain more
information and assistance in relation to such a breach, and
ix. information and advice on what I can do to protect
myself against any harms, including identity theft and fraud.
b. If you are not able to state with any certainty whether such an
exposure has taken place, through the use of appropriate technologies, please
advise what mitigating steps you have taken, such as
i. Encryption of my personal data;
ii. Data minimization strategies; or,
iii. Anonymization or pseudonymization;
iv. Any other means
8. I would like to know your information policies and standards that you
follow in relation to the safeguarding of my personal data, such as whether
you adhere to ISO27001 for information security, and more particularly, your
practices in relation to the following:
a. Please inform me whether you have backed up my personal data to
tape,
disk or other media, and where it is stored and how it is secured, including
what steps you have taken to protect my personal data from loss or theft, and
whether this includes encryption.
b. Please also advise whether you have in place any technology which
allows you with reasonable certainty to know whether or not my personal data
has been disclosed, including but not limited to the following:
i. Intrusion detection systems;
ii. Firewall technologies;
iii. Access and identity management technologies;
iv. Database audit and/or security tools; or,
v. Behavioral analysis tools, log analysis tools, or
audit tools;
9. In regards to employees and contractors, please advise as to the
following:
a. What technologies or business procedures do you have to ensure
that
individuals within your organization will be monitored to ensure that they do
not deliberately or inadvertently disclose personal data outside your company,
through e-mail, web-mail or instant messaging, or otherwise.
b. Have you had had any circumstances in which employees or
contractors
have been dismissed, and/or been charged under criminal laws for accessing my
personal data inappropriately, or if you are unable to determine this, of any
customers, in the past twelve months.
c. Please advise as to what training and awareness measures you have
taken in order to ensure that employees and contractors are accessing and
processing my personal data in conformity with the General Data Protection
Regulation.
Regards,
Dear Amelia,
My personal data, like my email address, are protected under GDPR law since may 2016
http://www.privacy-regulation.eu/en/index.htm
As the article 3 say, all GDPR law apply to you because I'm an UE citizen, even if your company is outside the UE.
http://www.privacy-regulation.eu/en/article-3-territorial-scope-GDPR.htm
As the article 15 says, I have the right to ask you to provide to me all personal datas you have about myself, the purpose of the processing, why and how you collect them, if you share my data with others people or countries, etc
http://www.privacy-regulation.eu/en/article-15-right-of-access-by-the-data-subject-GDPR.htm
As the article 7 says, I ask you to prove to me I have consented to my data to be collected and processed.
http://www.privacy-regulation.eu/en/article-7-conditions-for-consent-GDPR.htm
As the article 20 says, you have 1 month to fullfill my request, after that I will open a case to the UE regulator.
I also want all my personal data to be destroyed from your database or other storage (including backup). But only after you provide me informations requested above.
Regards,
Bonjour,
Mes données personnelles, comme mon adresse e-mail, sont protégées par le RGPD depuis mai 2016 :
http://www.privacy-regulation.eu/fr/
Comme stipuler à l’article 3, le RGPD s'applique ici car je suis citoyen de l’Union Européenne, y compris si votre société est hors Union Européenne.
http://www.privacy-regulation.eu/fr/3.htm
Au titre de l’article 15, veuillez me fournir tous les données personnelles me concernant, le but du traitement, pourquoi et comment vous collectez ces données, si vous partagez mes données avec d'autres tiers ou pays, ainsi que l’ensemble des informations mentionnées
http://www.privacy-regulation.eu/fr/15.htm
Comme stipuler à l’article 7, je vous demande les preuves de mon consentement à la collecte et au traitement de mes données personnelles.
http://www.privacy-regulation.eu/fr/7.htm
Comme stipuler à l'article 12, vous avez un mois pour répondre à ma demande, après quoi j’ouvrirai un dossier auprès du régulateur de l'Union Européenne.
http://www.privacy-regulation.eu/fr/12.htm
Au titre de l’article 17, je souhaite également que toutes mes données personnelles soient détruites de votre base de données (sauvegarde comprise). **Mais uniquement après m'avoir communiquées les informations demandées ci-dessus**.
http://www.privacy-regulation.eu/fr/17.htm
Au titre de l’article 19 du RGPD, je vous saurai gré d’aussi procéder de même auprès de **TOUT AUTRE** prestataire à qui vous les auriez communiqué, et de me fournir les documents attestant de ces suppressions.
http://www.privacy-regulation.eu/fr/19.htm
Cordialement,
@Nazcange

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commented Oct 30, 2018

Comme stipuler -> Comme stipulé

@maxauvy

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commented Dec 11, 2018

La loi ne "stipule" pas, c'est une formulation incorrecte. Il faudrait modifier ça plus en profondeur, en fait. La loi dispose, précise, énonce, mais ne stipule pas.

Un contrat "stipule", lui, puisqu'il résulte d'un engagement entre deux parties.

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