A controller cites ‘trade secrets’ as a reason to refuse an entire access request without any balancing analysis. What is the correct approach?
Select an answer to reveal the explanation.
Short Explanation
Trade secrets are a shield for some sensitive bits—not a blanket that covers the whole house. You still owe the person their personal data story, trimmed only where a real balancing exercise says disclosure would hurt others’ rights. ‘Trade secrets’ as a total veto without analysis is too blunt.
Full Explanation
The right of access is subject to limitations that protect the rights and freedoms of others, which can include trade secrets or intellectual property. Those interests may justify withholding or redacting particular information, but they do not automatically cancel Article 15 for all personal data. Controllers should assess and balance competing rights rather than refuse access entirely solely by invoking trade secrets.