Part 4: Intelligence services processing Chapter 3: Rights of data subjects Section 100: Right to rectification or erasure
This section enables a data subject to ask for data to be corrected or erased. The data subject may make an application to the High Court (or, in Scotland the Court of Session) for an order requiring such rectification or erasure. The High Court, or Court of Session, is considered to be the appropriate forum to consider cases in respect of the intelligence services.
	Correction can include adding to incomplete personal data and applies, in particular, to matters of fact. For example, there may be inaccuracies in the details of a criminal conviction or address history. However, the right to rectification would not apply, for example, to the content of a witness statement.
	This section also enables a court to order the controller to restrict processing of data, rather than requiring correction or deletion. Restrictions on the processing of data may be given effect by moving the data to another system, for example archiving the data, or making it unavailable. The fact that the processing of the personal data is restricted should be indicated on the system, for example, through flagging. Restricted data should be processed only for the purpose(s) which prevented its erasure.
	Subsection (5) provides that a court may make an order under this section in relation to a joint controller whose responsibilities are determined in an arrangement under section 104 only if the controller is responsible for carrying out the rectification, erasure or restriction of processing that the court proposes to order. For example, if the court intends to make an order requiring data within a certain database to be rectified, and the joint controller arrangement provides that one joint controller is responsible for amending that database, then the court could only make an order in relation to that responsible joint controller.