Erasure right meaning can be difficult to understand for a layperson. Simply put, the right allows individuals to control who has access to their personal data. This includes the right to collecting, storing, processing and sharing data.
In this article, we discuss the erasure right meaning with the help of some examples.
Erasure Right Meaning
Erasure right meaning the right to request removal of information from the source. This ensures that the information is permanently removed and cannot be used by a third party for any purpose.
The right to erasure under the General Data Protection Regulation is only applicable to the citizens and residents of the European Union. However, other countries have elected their own legislations which contain similar rights.
The basic aim of all of these rights is to increase the amount of control and protection that individuals have over the data. At the same time, there is a need to balance the right to ensure that larger public interest is achieved.
To better understand the erasure right meaning, let’s look at the conditions when it can be exercised:
- The data no longer meets the purpose for which it was originally collected.
- The data was collected in an illegal manner.
- The data was collected without the consent of the individual.
- The data was collected with the consent of the individual, but she has now withdrawn it.
- There is no overriding legitimate interest for containing the processing of data.
Article 17 lays down certain exceptions when a company can refuse to remove data. These exceptions are listed below:
- The data is being shared in an exercise of the right to freedom of speech and expression.
- The data is being used to develop a legal defense.
- Sharing the data has a larger public interest.
- The processing of data is necessary for medical and scientific development.
- The data is being shared in accordance with the law.
Erasure Right Meaning with Examples
The erasure right meaning can be best understood with the help of examples.
You submitted your data to an online company while buying a product. The data contained your address and contact information. At the time of submitting the data, you are aware that the data might be used for marketing purposes.
After a year, you no longer wish for data to be used for marketing. You want the company to delete your data from the database and stop sharing it with any third party. In this case, you can submit a request for erasure.
Based on the erasure right meaning, the company will be bound to remove your data for several reasons. Even though you consented to the collection of data, you have now withdrawn it. There is no overriding legitimate interest in continuing the processing of data.
You provided your email address to Instagram while creating an account. As per Instagram’s terms and conditions, the email address will not be shared by any third party. This also includes companies such as Facebook.
Upon receiving a promotional email, you realize that Instagram has shared your email address with third parties. This was done without asking for your consent.
As per the erasure right meaning, you can submit a request and demand that Instagram permanently delete your email address. If you wish to continue using the platform, then you can also submit a request for sharing the email address with third parties.
What is the erasure right meaning?
Erasure right meaning can be understood as a mechanism for requesting the removal of personal information.
Can I use the right to erasure against Google?
Yes! As per the law, Google is mandated to remove data based on the right to erasure. Therefore, you can submit a request, and Google will be bound to process it within 30 days.
How do I file a right to erasure request?
You can submit a right to erasure request either orally or in written format. For doing this, simply contact customer support or an employee of the company.
Is erasure right meaning the same everywhere?
As of now, many countries have different legislation granting the right to erasure. This right might differ slightly from country to country. However, the basic principles remain the same.