Yes! Erasure of data is definitely possible. The easiest way to do this is to submit a right to be forgotten request or a right to erasure request. These two terms are used interchangeably and refer to the same thing.

Erasure of data requests allows a user to control the storage, processing, and sharing of their personal information. This enhances data protection. As of now, this is only available in a limited number of countries. Before exercising the right, you need to determine if the same is applicable to you are not.

In this article, we provide a detailed guide on how to request the erasure of data.

Erasure of Data Under GDPR

The GDPR provides a clear and straightforward way for a questing erasure of data. There is no standard template that is to be used. An individual can directly contact a company and submit an oral or written request.

The company is legally bound to respond within 30 days of submission of the request. Further, the company cannot refuse to delete data without providing clear reasons. The exceptions are provided under article 17 and are very limited in scope.

Another thing to keep in mind is that the company cannot charge fees for the removal of data in most cases. In the rare case that the company has a right to do this, it will have to notify the data subject and provide a clear reason for the same.

Finally, if the company refuses to delete data, the individual has the right to take legal action against the company.

How to Submit Erasure of Data Request?

As per Article 17 of the GDPR, certain information needs to be included in the erasure of data requests. This is necessary, and your request might be rejected if you don’t follow the guidelines.

  • Name and contact details of the person submitting the request.
  • Name and contact details of the person whose data is to be deleted.
  • Proof of identity and proof of address of both individuals. This can be in the form of government issued ID cards, utility bills, bank statements, etc.
  • Reason for requesting erasure of data. This needs to be selected from the list of reasons mentioned under article 17.
  • The details of the information sought to be removed. This needs to be very specific and should include the URL. Further, if on a plain reading, the connection with the data subject is not clear, then the same needs to be specified.
  • Finally, a declaration that all the information mentioned in the request is correct. Submitting incorrect information might lead to prosecution.

Conclusion

As noted above, removal of data is certainly possible. All you need to do is submit a request in an oral or written format. The company is legally mandated to reply within 30 days.

Before submitting such a request, you should check if the company has provided an inbuilt form on the website. While you are not required to use this, it is advisable. It will ensure that the request directly goes to the right person and is handled immediately.

Another key point to note is that you need to cover all the relevant information in your erasure of data request. Your request might not be processed without this information.

FAQ

  1. Is data erasure possible?

Yes! Erasure of data is certainly possible. For this, you need to locate the company or organization that is processing your data. Then, you need to submit a right to be forgotten request for permanent removal of information.

  1. What does data deletion mean?

Data deletion means that your data can no longer be used for any purpose. The company will have to delete it from every source in which it was stored.

  1. How do you ask for data erasure?

You can submit an oral or written request for the erasure of data. This can be sent either to an employee of the company or by contacting customer support.

  1. What is GDPR data erasure?

The GDPR allows individuals to request the erasure of data. This is done to grant greater data protection and stop the unreasonable storage and processing of data by companies.

 

Author

Right to be forgotten lawyer team is working to keep clean the internet. We use laws to repair individual's and company's online reputation. Content removal, online reputation management, erasure right, right to be forgotten are our expertise areas. The team has member's of United United Kingdom, European Countries, United States, Australia, Canada and New Zeland solicitors and lawyers.

Write A Comment

Contact for a free consultation:+447878124588