GDPR Right To Delete Data

The GDPR right to delete data is officially referred to us as the right to be forgotten or the right to ensure. This provides individuals a right to request the permanent removal of information.

In this article, we provide the complete guide on GDPR right to delete data.

What is GDPR Right To Delete Data?

The GDPR right to delete data is specified under article 17. This is done to ensure that individuals have complete control over who is storing, processing, and sharing their personal information.

Using this, a person can request permanent removal of her information. This means that information can no longer be stored in any database, shared with any party, or used for any purpose. This right did not exist prior to the GDPR.

The GDPR right is not available to everyone in every circumstance. Before submitting a request, you should verify if the reasons and exceptions mentioned below apply to you.

When is GDPR Right To Delete Data Applicable?

Article 17 of the GDPR specifies when the GDPR right to delete data is applicable. While submitting a request, an individual needs to clearly refer to one of the following reasons:

• Personal data was originally collected or processed for a particular purpose, and it is no longer necessary to satisfy that purpose.
• The personal data was lawfully collected on the basis of the consent given by the individual. The individual has now withdrawn the consent.
• There is no overriding legitimate interest in the processing or storage of personal data. The personal data is being used for direct marketing purposes, and the individual does not consent to share the data for the same.
• The personal data was collected and processed unlawfully.
• The personal data needs to be deleted in order to comply with a legal ruling.

Exceptions to GDPR Right To Delete Data

There are certain exceptions to the GDPR right to delete data. These protections are provided to the company such that there is a balancing of rights on both sides.

A company can refuse to delete data if the following conditions are met:

• The company is processing or sharing personal data in the exercise of the right to freedom of speech and expression.
• The processing and storage of data are in compliance with the law.
• The sharing of data is necessary for building a legal defense.
• The data is required to carry out a task in official authority or to further the public interest.
• The data is used for archiving or scientific research. In such cases, the removal of data should create a possibility of impairing the research.
• The storage, processing, or sharing of data is necessary for the purposes of public health. Personal data is necessary for preventative or occupational medicine.

Conclusion

Before we part, there is one thing that you should keep in mind with regards to the GDPR right to delete data. As of now, the GDPR is only for the benefit of the citizens and residents of the European Union. Therefore, the data subject has to be a citizen or resident of the EU. However, the company can function anywhere in the world.

FAQ

1. Can I ask for my data to be deleted under GDPR?

Yes! You can submit a GDPR right to delete data requests directly to the company processing your data. The request can be submitted for a wide range of reasons such as withdrawal of consent, no legitimate purpose, etc.

2. Do you have the right to have your data deleted?

Yes! Countries have now started to realize that the person that is the property of the individual. As a result of this, many countries have enacted the right to be forgotten law. You can use this permanent request the removal of information.

3. What data should be deleted under GDPR?

This can be any personal data that you do not wish to share online. It can be a past incident, your contact information, your pictures, etc.

4. Do we always have to delete personal data if a person asks?

As a company, you do not have to delete the data if it falls under one of the exceptions mentioned under article 17.