The right to erasure in EU data protection law ensures that every individual has complete control over who sees, stores, or processes personal data. This takes the control out of the hands of companies that monetize the data.
In this article, we provide a detailed guide on the right to erasure in EU data protection law.
The Right To Erasure In EU Data Protection Law: Article 17
The right to erasure is provided by Article 17 of the General Data Protection Regulation. It specifies that any individual can submit an oral or written request for their data. Once a request has been submitted, the company needs to take any action within 30 days.
The General Data Protection Regulation provides a set of reasons under which the right can be exercised. These reasons are very broad and are focused on the consent of the data subject. Some of the reasons are listed below:
- The data was collected without the consent of the data subject.
- The data was collected with the consent of the data subject, but she has now withdrawn it.
- The data was collected in an illegal manner.
- The data was collected for a particular purpose and no longer satisfies that purpose.
- There is no legitimate interest in continuing the processing of data.
- The storage or processing of data is not in the interest of the public.
If any of the conditions are met, then the data subject can submit a request for the removal of personal information.
The Right To Erasure In EU Data Protection Law: Exceptions
The right to erasure also provides certain exceptions. This is done to keep a check on the right and ensure that it is not abused.
- The processing of data is required by law.
- The data is being used to develop a legal defense.
- The processing of data is in the interest of the public.
- The storage or processing of data is necessary for scientific development.
- The data belongs to a public figure.
- The company is sharing the data in the exercise of its right to freedom of speech and expression.
If any of the above exceptions are met, then the company can refuse to delete data. Even in such cases, the company will have to contact the data subject within 30 days. After this, the data subject can take legal action and request removal.
The Right To Erasure In EU Data Protection Law: Request Format
There is no standard template for submitting a right to erasure in the EU data protection law request. The companies are required to be flexible and accept all requests. You need to make sure that you provide all the relevant information in your request. This will help in identifying the information and reasons for removing the same.
There are three primary categories of information that need to be included in a request:
- Personal details: This includes your name, contact information, permanent address, etc. This is requested to identify the person submitting the request. You will also be asked to provide a government-issued identity card and proof of address.
- Details of the data: This includes the exact details of the data that you wish to be removed. It includes the URL or any other relevant information that can help in identifying.
- Reason for removal: Article 17 provides a set of reasons when the right to erasure can be exercised. Your request needs to clearly mention one of the reasons.
Do you have the right to erasure under GDPR?
Yes. The right to erasure is protected under the GDPR. Based on this, an individual can submit a request for the removal of their personal data.
What is the right of erasure in EU data protection law?
The right to erasure gives individuals the right to control the processing and storage of their personal data.
How do I submit a right to be forgotten request?
You can submit a request in an oral or written format. There is no strict template for submitting a request. You can also contact an employee and submit a request directly to them.
Can a company deny removing data?
Article 17 of the General Data Protection Regulation provides exceptions when a company can refuse to remove data.