The right to erasure (to be forgot) simply explain
Among the right of data subjects, the right to erasure or the right to be forgot is one of the sharpest sword. But how exactly does deleting and deleting work? You can find out here.
What is the right to erasure?
The right to be forgotten service state that data for which a person responsible no longer has a legal basis for data process must be erase. This may be due to the fact that consent revoke, process in the legitimate interest object to or retention period for contractual data is expire. Whenever the purpose for which the data was process and store fully achieve or can no longer be achieve, the data must be delete.
What is the right to be forgot?
The right to be forgot is often equate with the right to erasure, but actually refer to something else. Those who have come into the public eye in particular through press reports. Have usually also left “traces” in the search indices of the search engines and generally on the Internet. These are much easier to find today than they used to be in newspaper archives. In order to still enable the public to “leave it alone” and “forget” there is a right to have these traces. Deleted from the Internet after a certain period of time.
The concept of the right was ‘born’ when the ECJ rule in 2014 that a search engine can in certain case be oblige to delete search result. On people from a long time ago. Criminal conviction from a long time ago were subsequently confirm several time by court. As the reason for deletion from Google search result.
The Federal Court of Justice and the Federal Constitutional Court also had to deal with these questions. With the introduction of the GDPR this right which was previously base on general personal right and fundamental right. Was at least partially include in a legal text and thus made more concrete.
How is the right to be forgot different from the right to erasure?
The difference between the two right is that the right to be forgotten help apply to the person responsible for collecting the data. While the right to be forgot also extend to third part. The person responsible (often a press publisher or similar) who has publish data about a person. Must also ensure that third part remove the link in the case of the right to be forgot. The person concerned can also take action against search engines, for example. With the right to erasure, all data collect about oneself can be erase more directly. However, this does not record any data that may have been pass on to third part beforehand.
The right to erasure under the GDPR
As a data subject’s right the right to erasure gives the person. Whose data is being process the right to demand erasure from the control.
Under what conditions is there a right to erasure?
The personal information is no longer require for the purpose for which it was obtain or process;
The data subject has revoke their consent and there is no other legal basis for the processing;
There are no overriding legal reasons for the processing and the data subject has objected to it;
the personal data lawfully process;
In order to comply with a legal requirement establish by Union legislation. Or the laws of the Member States the personal data must be erase.
The personal data of a minor were collect in relation to information society services offer. i.e. Internet offers such as media web shop or online game.
How do I make a request to have my data deleted?
First of all, the data subject must have knowledge of the data stored about them. Here the right to information from Art. 15 DSGVO helps , which should be assert before the deletion claim.
The person concerned can then submit a request for deletion to the person responsible. It is not necessary, but recommended to submit the application in writing or at least by e-mail. There is also a template for a deletion request at the end of this article. When submitting an application the identity of the person concern must be proven in a suitable manner. Since otherwise additional information can first be request from the person responsible. Or the deletion can even be refuse. This also serves to prevent strangers from simply having accounts or data deleted Right to be Forgotten Meaning.
If the deletion is reject, the person responsible must justify this. Reference should made to the possible of complain to a supervisory authority and to a judicial remedy.