Chapter 3 -46 Right to Rectification

Inaccurate personal data may be rectified, blocked, erased or destroyed. A data subject may ask a data controller to do any of these things. If the data controller refuses or maintains that the data are accurate, then the data subject may seek the assistance of the Information Commissioner by lodging what is known as a ‘complaint’. However, it should be borne in mind that it is the responsibility of the data subject to prove that the data are inaccurate. If the Information Commissioner doesn’t have concrete proof from the data subject, the Information Commissioner will accept the view of the data controller. In other words, the default position is that the data controller is correct unless the data subject can put up a strong case.

If the data subject is still not satisfied, then he may issue proceedings in the county court or High Court (in England) or the Court of Session or sheriff (in Scotland). There is no such thing as British Law. There is English Law (which also applies to Wales and Northern Ireland (though the rules can sometimes be different in the latter) and Scottish Law.