Data subject
A data subject is the identified or identifiable natural person to whom personal data relates (Art. 4(1) GDPR). A person is identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. Only living natural persons qualify; legal persons and, in most Member States, deceased persons do not.
The data subject is the holder of the rights set out in Chapter III of the GDPR: information, access, rectification, erasure, restriction, portability, objection and protection against solely automated decisions. These rights must be facilitated by the controller, generally free of charge and within one month.
In a clinical trial the data subjects are not only the participants but also investigators, site staff, legally designated representatives, caregivers providing observer-reported outcomes, and sponsor and vendor staff whose data appears in audit trails. Each group needs an appropriate information notice. Trial participants remain data subjects even though their data is pseudonymised, and some of their rights (notably erasure) are limited by the research safeguards of Art. 89 and by regulatory retention obligations.
No. Investigators, site staff, caregivers and other people can also be data subjects when information relates to them. For example, a caregiver diary may contain information about both the participant and the caregiver. Identify these groups during study setup and provide information and rights-handling arrangements appropriate to each group.
