Rectifying the name on a plane ticket or other means of transport should be free of charge according to the AEPD

Rectifying the name on a plane ticket or other means of transport should be free of charge according to the AEPD

The Spanish Data Protection Agency (Agencia Española de Protección de Datos) has ruled on a very interesting subject that we have surely all been victims of at some time or another. 

In this article we will analyze both the right to rectify personal data free of charge and the obligations of transport companies, among other issues.

What is the right to rectification of personal data?

The right of rectification is a right provided for in Article 16 of the GDPR which states that “the data subject shall have the right to obtain without undue delay from the controller the rectification of inaccurate personal data relating to him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data supplemented, including by means of an additional statement”. 


Exercising this right means that you can obtain rectification of your personal data that is inaccurate without undue delay from the controller.

In the request, the data subject must indicate which data are concerned and the correction to be made. In addition, where necessary, the request must be accompanied by documentation justifying the inaccuracy or incompleteness of the data.

Obligations of transport companies 

The Spanish Data Protection Agency (AEPD) has recently issued a sanctioning procedure resolution that puts an end to the practice carried out by some airlines and travel agencies of charging air passengers a fee for rectifying their name when there has been a spelling or typographical error in online bookings.

The reason for this complaint was the charging of an additional 50 euros by the intermediary agency to the passenger, as a consequence of the processing of the correction of the name on the airline ticket.

With this ruling, the AEPD warns that neither airlines nor travel agencies can charge for correcting a typo, despite the fact that until now this was a common practice, without which passengers were not allowed to fly. 

According to the AEPD, these practices are contrary to article 12.5 of the General Data Protection Regulation (GDPR) and article 16 of the same GDPR, according to which any action taken to enable the data subject to exercise his or her right to rectify inaccurate personal data must be free of charge, provided that the request is not unfounded or excessive. The Agency thus concludes that any corporate practice of charging for rectifying errors in personal data or preventing such changes is unlawful.

However, in no case may this right to rectify personal data be exercised for the purpose of changing the data of one passenger to that of another. 

Costs that may be associated with the correction of the name on a ticket

As we have indicated above, in no case may companies charge additional costs for exercising the right to rectify personal data. 

In this sense, when a company charges a cost to a customer for rectifying an error in his or her personal data, the consumer or user can claim the charge back, claiming that he or she is exercising his or her right to rectification. 

Accordingly, in the first instance, you should complain in writing to the company by addressing your complaint to the customer service department, copying the company’s data protection officer. Generally, this information should appear on the company’s website in the privacy policy area. Once the complaint has been filed, the company must resolve it within one month. If the company does not reply or does not resolve it in an appropriate manner, those affected may complain to the competent authority in Spain, which in this case is the Spanish Data Protection Agency. However, the European Consumer Centre recommends paying this amount if necessary to be able to fly and then claiming a refund.