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Since GDPR at least we have the right to access and get the data we generated on websites like Facebook or Google (our history, likes, almost everything).

My question is : what happens if Facebook or Google decides to suspend or ban your account ?

Does it abolish your right to access your personal data ? Is it legal for them to suspend your right

Thanks in advance,

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No, a company cannot suspend your GDPR rights – contracts can't override the law. Your rights as a data subject apply as long as your personal data is being processed.

However, there is no requirement in the GDPR that they fulfill your data subject rights through a self-service mechanism like a “download my data” button. They can require you to use another support channel. (But Google offers infamously bad support.)

In some cases, the service may legitimately decide that they cannot give you access to the data, for example if they believe that you are not the actual data subject (e.g. if they think that you hacked the account). The right to access must not adversely affect other people (Art 15(4)). If they have doubts about your identity, they can require further information to verify you (Art 12(6)). If your requests are excessive or unfounded (if you are spamming them), they can also turn down the requests (Art 12(5)).

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  • Thank you for your precious answer. – Adrien Bailly Sep 1 '20 at 21:07
  • Probably thousands of people saw their Youtube account closed for no reason, and this is my case too. I saw many messages on Google forums and I was surprised to see that the company considers it has the right to suppress our access to our own data, just like that without any real appeal possible. It can seem trivial but Youtube's personal data can be a lot of work (playlists, archives of videos, etc.), it's also a part of my life. So in your opinion what could I do ? Contact a lawyer ?I don't care if I can't use my account but I'd like to get back my personal data ... – Adrien Bailly Sep 1 '20 at 21:13
  • @AdrienBailly I understand that this is frustrating. Part of the problem with GDPR enforcement is that the Irish Data Protection Commission is responsible for all the tech giants like Google and Facebook, and they are a biiit overworked. If you can't download your data yourself and contacting Google's privacy department fails (they have 1 month to respond), consider lodging a complaint with your local data protection authority, which will forward it to Ireland. You could also sue Google (GDPR Art 79) but good luck with that. – amon Sep 1 '20 at 21:27
  • Thanks a lot for your reply ! – Adrien Bailly Sep 3 '20 at 14:48

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