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The comment about recital 63 GDPR and the scope of the right of access is an interesting one. The recital certainly does provide that the right of access is so that the data subject can be "aware of, and verify, the lawfulness of the processing".

However, a very similar recital appears in 95/46/EC: recital 41. Recital 41 provides that: "any person must be able to exercise the right of access to data relating to him which are being processed, in order to verify in particular the accuracy of the data and the lawfulness of the processing".

Given the position of the ICO, and now of the courts, on the scope of availability of the right of access under the directive, I'm sceptical that either would rely on recital 63 to narrow the availability of the right of access under the GDPR. But we'll just have to wait to see!

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