Right to be Forgotten
The GDPR's "right to be forgotten," also known as the "right to erasure," is a legal provision within the General Data Protection Regulation (GDPR) that allows individuals to request that organizations delete their personal data under certain circumstances. This essentially gives individuals the power to control how much of their personal information is stored and accessible online, particularly when that information is no longer relevant or necessary for the intended purpose. However, this right is not absolute and only applies when specific conditions are met.
Key points about the right to be forgotten:
Article 17 of GDPR: This article outlines the specifics of the right to be forgotten, detailing when an individual can request data deletion.
When it applies:
- No longer necessary for processing: If the personal data is no longer needed for the original purpose for which it was collected.
- Withdrawal of consent: When an individual withdraws consent to data processing and there is no other legal basis for storing the data.
- Objection to processing: If an individual objects to the processing of their data and there are no overriding legitimate reasons for retaining it.
- Illegal processing: If the data was processed unlawfully.
Limitations:
- Public interest exceptions: The right to be forgotten may not apply if the data is necessary for exercising freedom of expression, for journalistic purposes, or for historical research.
- Legal obligation: If the organization is legally required to retain the data, it cannot be deleted.
- Data anonymization: If the data is properly anonymized, it may not be subject to a deletion request.
How to exercise the right to be forgotten:
Submit a request: Individuals can contact the data controller (the organization holding their data) to formally request the deletion of their personal data.
Provide details: The request should clearly specify the personal data to be deleted and the reasons why the individual believes they have the right to erasure.
Impact on search engines:
- "De-indexing" requests: The right to be forgotten is particularly relevant in search engines, where individuals can request that links to certain personal information be removed from search results.
Important considerations:
Compliance obligations: Organizations must respond to a request for a right to be forgotten within a reasonable timeframe and inform the individual of their decision.
Data protection authorities: If individuals believe their requests have been wrongly denied, they can appeal to a data protection authority.