The right to erasure GDPR or the right to be forgotten is a data protection right. This can be used for removing personal information from the internet.
In this article, we provide a detailed guide on how to exercise the right to erasure under the GDPR.
What is the Right to Erasure GDPR
Right to erasure GDPR provides individuals with greater control over their personal information. Using this, anyone can submit a request for the permanent removal of their information.
As of now, the General Data Protection Regulation is only applicable for the residents and the citizens of the European Union. The important factor is the status of the individual rather than that of the company. For example, a citizen of the European Union living in Australia will have the right to erasure.
Once you select the right to erasure request, the following process will be followed:
- Submit an oral or written request directly to the company which possesses your information.
- The company will forward it to the appropriate department.
- The request will be reviewed based on the reasons for removal.
- If the company is satisfied, then the data will be removed permanently. Otherwise, the company might choose to exercise an exception listed under Article 17.
- The decision will be communicated to you within 30 days.
Right to Erasure GDPR: Reasons
The process of submitting a right to erasure GDPR request is very easy. This is provided so that individuals don’t have to go through any struggle while exercising their rights.
As per article 17, a right to erasure request can only be exercised under certain given conditions.
- The data was collected in an illegal or unlawful manner.
- The data was collected for a particular purpose, and it no longer meets that purpose.
- The processing of data is against the public interest.
- The data was collected without the consent of the individual.
- The individual consented to the collection of data but has now withdrawn the same.
- The data was collected from a child.
- There is no overriding legitimate interest in continuing the storage or processing of data.
The right can be successfully exercised if any of the above conditions are met. You need to carefully select a reason and mention the same in your request.
Right to Erasure GDPR: Exceptions
There are some exceptions to the right to erasure GDPR. This protects the right of the company and the larger public interest. These exceptions are limited. If any of these exceptions are met, the company is not required to remove the data.
- The data is being shared in the exercise of the right to freedom of speech and expression.
- The data is being used to develop a legal defense.
- The data is being shared in compliance with the law. Sharing the data is necessary for the larger public interest.
- The processing or storage of data is necessary for scientific development. If the company chooses not to remove the data, it will have to communicate the same within 30 days. After this, the individual can still take legal action and file a lawsuit before the court.
If the company chooses not to remove the data, it will have to communicate the same within 30 days. After this, the individual can still take legal action and file a lawsuit before the court.
Right to erasure GDPR protects the personal data of individuals. This ensures that only the data subject has control over the sharing of the data.
Submitting a right to erasure a GDPR request is quite easy. If you are confused about selecting a reason for submitting the request, you should ideally consult an expert in the field. This will help in the successful processing of the request.
What does the right to erasure GDPR mean?
The right to erasure is a data protection right. This grants control to individuals over their personal information.
How do you respond to a GDPR erasure request?
You can respond to a request by either removing data or clearly clarifying your reasons for refusing to do so.
Can a company refuse to delete data?
A company can refuse to remove data if any of the exceptions mentioned under Article 17 are satisfied.
Is removal of data under GDPR permanent?
Yes. The removal of data is permanent. This means that the data needs to be deleted from every database and back-up.