In the European Union, the provision for submitting a right to erasure request is provided by the General Data Protection Regulation. Other countries such as India have also elected their own laws for providing a right to erasure.
Submitting a right to erasure request is a very easy task. You can either do it on your own or hire a reputation manager for the same. The best thing about this right is that companies need to take immediate action. Further, if they deny your request, then they need to provide very specific reasons.
In this article, we provide a complete guide on the right to erasure request.
What is Right To Erasure Request?
A right to erasure request is a request for the removal of personal information. The right to erasure request can be submitted to any company or organization processing personal data.
When you submit a right to request, you are actually requested for the permanent removal of information. This means that the information is not only removed from the website but also from all of their databases.
You can submit a request for the erasure of information under any of the following reasons:
- The information was collected without your consent.
- The information was collected with your consent, but now you no longer consent to it.
- The information no longer meets the purpose for which it was collected.
- The information does not further the public interest.
- The information does not help in any kind of scientific development.
- The information is collected or processed against the law.
The great thing about the right to be forgotten is that the organization needs to take immediate action. Further, in the event that they deny your request for the erasure of information, they need to provide specific reasons for the same.
An organization can deny a request for the removal of information in the following conditions:
- Prohibiting the organization from sharing the information will restrict their freedom of speech and expression.
- The information was collected to comply with the legal order.
- Sharing the information is in the interest of the public.
- Processing of sharing of information is necessary for scientific development.
- The data is necessary for public health.
- The data is being used to develop a legal defense.
How to Submit Right To Erasure Request?
There is no prescribed way of submitting a restoration request. Every single legislation on the right to erasure provides a lot of freedom to the individual. This is to ensure that procedural difficulties do not come in the way of exercising these rights.
You will have to provide the following information in your request:
- Details of informant: Name, contact details, and address of the person submitting the information. Along with this, proof of identity and proof of address of such person.
- Details of data subject: At times, the person submitting the request and the data subject are not the same. In such cases, the details of the data subject need to be provided. This includes name, contact information, email address, and home address.
- Reason for requesting removal: You need to provide a specific reason for the removal of information.
- Details of the information: You need to provide the exact details along with the URL of the information which is to be removed.
- Declaration: Finally, you need to declare that all the information provided by you is true.
Hopefully, by this time, you have realized that submitting a right to erasure request is a very simple process. This is done to create minimum hurdles in the process of submitting a request.
Even though it is not necessary, it is a good idea to first consult a reputation management company before submitting such a request. The reputation management company will be able to guide you through the process and draft a request in a professional manner.
Further, keep in mind that if you do not get a favorable response from the company from the right to erasure request, you can always take further legal action.
What does the right to erasure mean?
A right to erasure request ensures that every individual has control over their personal information. A person can submit a right to erasure request for permanent removal of information.
What is a right to erasure privacy law request?
A right to erasure request is any oral or written request for the permanent removal of information from any website or search engine results.
What are the exceptions to the right to erasure to the right to be forgotten under Article 17 of the GDPR?
The exceptions are when the data promotes the public interest, is required for scientific development, belongs to a public figure, etc.
Can I force a company to delete my data?
You can do so by submitting a right to erasure request. If you present valid reasons, then the company will have no choice but to delete your data.