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      GDPR Right to erasure (‘right to be forgotten’)

      • Categories Blog, Free Data Protection Resources
      • Date August 28, 2020

      Article 17 GDPR

      Right to erasure (‘right to be forgotten’)

      1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

      (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;(b)  the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;

      (c)  the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);

      (d)  the personal data have been unlawfully processed;

      (e)  the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

      (f)  the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

      2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of imple­mentation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

      3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:(a)  for exercising the right of freedom of expression and information;

      (b)  for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

      (c)  for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);

      (d)  for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

      (e)  for the establishment, exercise or defence of legal claims.

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      author avatar
      Privacy Professor

      Professor mr drs Romeo F. Kadir MA MSc LLM LLM (Adv) EMBA EMoC

      At present Romeo Kadir serves as the President of the Global Association of Data Protection Professionals Europe (GADPPRO). GADPPRO is a thought leader self-regulatory association of data protection professionals based in the European Union, active around the globe and the first European Association of data protection professionals open for members outside the EU. Please visit www.gadppro.org for more information.

      First appointed Data Protection Officer (DPO) ever in the Netherlands (European Union) at a semi-public entity. Seasoned European Privacy and Data Protection Expert (22+ years of practical experience in EU Privacy and Data Protection Law, Business Management, Compliance and Ethics).

      Studied European and International Law, Political Sciences and Business Administration. Romeo Kadir is EIPACC EADPP Professor European Privacy & Data Protection Law at Universitas Padjadjaran UNpad (Indonesia) and Honorary Visiting Research Fellow with O.P. Jindal Global University (New Delhi), Senior Associate Fellow with Vidhi Centre for Legal Policy (New Delhi), Lecturer Science Honours Academy and Lecturer at the International Molengraaff Institute, Utrecht University (UU, Netherlands). In 2010 he was founder of the first European Data Protection Academy focusing on privacy-only executive education.

      Present Occupations in European Data Protection Law

      Member of the International Bar Association (IBA)
      Member of the International Board of Experts with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the International Strategic Board with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the Swiss-Chinese Law Association (SCLA)

      Former Occupations in European Data Protection Law

      President European Institute for Privacy, Audit, Compliance & Certification (EIPACC)
      Co-Founder/Vice-President European Association for Data Protection Professionals (EADPP)
      Chair EADPP Certification Committee Data Protection Professionals,
      Chair EADPP Academic Board
      Chair EADPP Expert Committee on Cybersecurity
      Chair EADPP Expert Committee on Artificial Intelligence (AI)
      President Supervisory Board of the Dutch Privacy Complaints Office (NPKI)
      Rapporteur to UN Monitoring Commission Human Rights on behalf of the Dutch Privacy Foundation (SPN)

      Publications

      'Handbook DPO - A Practical Guide', Privacy Publishing Group (2017)
      Editor-in-Chief of ‘Data Protection Dictionary’, authored, edited and coordinated ‘Handbook for the Data Protection Officer – A practical Guide’, ‘The Ultimate GDPR Business Guide – Six Volumes’ and other relevant books in the field of privacy and data protection (www.dataprotectionbooks.com)

      www.romeokadir.eu

      Previous post

      GDPR Right to rectification
      August 28, 2020

      Next post

      GDPR Right to restriction of processing
      August 28, 2020

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