The GDPR right to erasure is a new right to enhance the level of data protection. This gives direct control to individuals in determining who gets to share and process their personal information.
In this article, we discuss everything related to the GDPR right to erasure.
What is GDPR Right To Erasure?
The GDPR right to erasure is also known as the right to be forgotten. This is granted by article 17 of the GDPR.
The GDPR right to erasure is only applicable to the citizens and residents of the European Union. The company storing or processing the data does not need to be functioning within the EU. For example, a citizen of the European Union living in Australia has a right to submit a right to be forgotten request against the company working in the United States.
A GDPR right to erasure a request can only be submitted for specific reasons. There is a limitation on the right to ensure that it does not get abused.
- The data was collected in an unlawful manner.
- There is no overriding legitimate purpose for continuing the processing or sharing of data.
- The data was collected on the basis of the individual’s consent, and the individual has now withdrawn it.
- The data was collected for a particular purpose, and it no longer serves that purpose.
- The storage or collection of data does not help the public interest.
While submitting the request, you need to make sure that you select a specific reason. This cannot be overly broad or vague. Doing this will give the companies an excuse to simply deny your request.
How Is GDPR Right to Erasure Request Processed?
Once you have submitted a GDPR right to erasure request, the company will then review it and consider the appropriate response. As per the law, companies are required to take any action within 30 days of receiving the request.
The GDPR Article 17 provides certain exceptions in which a company does not need to delete personal information. These exceptions are listed below:
- The data is necessary for furthering the public interest.
- The data is being used to develop a legal defense.
- The information is being shared in the exercise of the freedom of speech and expression.
- The data is being stored and processed in compliance with the law.
- The data is used to develop medicine or for scientific research.
If any of the exceptions are applicable, then the company can choose to refuse the request for the removal of information. In such cases, the company will respond with the reasons for their decision.
If there are no applicable exceptions, then the company is legally mandated to permanently delete the information. If the company fails to do this, you are entitled to take further legal action.
This should give you everything I need to know about the GDPR right to erasure the request. As you might have understood, submitting a request is a very easy process. There aren’t many restrictions on how to submit a request.
The only thing that you need to be mindful of is to include all the relevant information. This will guarantee immediate action rather than constant back-and-forth with the company.
How is the right to erasure exercised under GDPR?
In order to exercise the right to erasure, you will have to submit a request to the company processing your information. In this request, you need to clearly specify the information wish to be removed and the reasons for the same.
What is GDPR Erasure?
The right to erasure grants individuals an opportunity to request the permanent removal of their personal information. This was introduced to increase general data protection.
Can I ask for my data to be deleted under GDPR?
Yes! You can request your data to be deleted permanently from all sources. The company can refuse to delete it only in certain limited conditions mentioned under article 17.
Can I submit a GDPR right to erasure request?
The GDPR right to erasure is only available to the citizens and residents of the European Union. Before submitting a request, you need to verify if you are eligible for the protection.