ICO Right to Erasure Guide

The ICO right to erasure protects individual data privacy. As per this, anyone can submit a request for permanent removal of their information. There are specific reasons under which removal of information can be requested.

The ICO right to erasure guide provides all the conditions that you need to be mindful of while submitting a request. We discuss the same in this article.

What is ICO Right to Erasure?

As suggested by the name, the ICO right to erasure guide provides an in-depth understanding of the right to erasure. This is available to all citizens and residents of the European Union.

The interesting thing about the ICO right to erasure is that the location of the company is irrelevant. A company could be based in the United States and can still be held liable for the right to erasure. The only important criterion is that the data should belong to a citizen or resident of the European Union.

A right to erasure request can be submitted in the following conditions:

• The data was collected without the consent of the individual.
• The data was collected with the consent of the individual, but she has now withdrawn it.
• The data was collected for a particular purpose, and it no longer serves that purpose.
• The data was collected in an illegal manner.
• The data is processed in contravention of the law or legal order.
• The data does not further public interest or scientific research and development.

The ICO right to erasure guide intends to balance the rights of the individual and the company. Therefore, there are certain exceptions under which a company will not have to delete the information.

• The data was collected or stored in the exercise of the companies freedom of speech and expression.
• The data is being used to build a legal defense.
• The processing of data is in compliance with the law.
• The processing of data is necessary for some scientific development.
• The storage and processing of data help to further their public interest.

How to Exercise ICO Right to Erasure?

In order to exercise ICO right to erasure, you need to submit an oral or written request. This can be submitted to the customer support of a platform, to an employee, or a part of the company. Some companies, such as Google, have an inbuilt form on the website. You can submit a request through that form as well.

Regardless of the mode that you choose, you will have to provide certain information in the request. This is to ensure that all the relevant information is shared and there is some standardization in the process.

Here are the key points that you need to mention in an ICO right to erasure request:

• Your name and personal details such as a permanent address, contact information, email address, etc. Along with this, you also need to provide government issued proof of identity and a proof of address.
• The ICO right to erasure provides scope for a third party to submit a request on behalf of someone else. In your request, you need to clarify who the data subject is.
• If you are not the data subject, then you need to provide additional details of the data subject. This includes name, permanent address, contact information, and email address. Further, they should also be accompanied with proof of identity and proof of address.
• Finally, you need to provide details about the data that used to be removed along with the reasons for it. Here, be specific as possible. Choose one of the reasons from the ICO right to erasure guide.

FAQ

1. What is the right of erasure?

The ICO right to erasure provides individuals with the right to submit requests for the permanent removal of information. The individual can directly contact the company storing and processing data. The company will be bound to delete the same.

2. Is the right to erasure new under GDPR?

The right to erasure did not exist prior to the GDPR. This was brought in due to the massive collection and storage of personal data. It filled in legislative void whereby companies could benefit from personal data.

3. Can I force a company to delete my data?

Yes! You need to submit a right to erasure request. Make sure that this aligns with the ICO right to erasure guide. If there are no applicable exceptions, then the company will be forced to delete the data.

4. How do you respond to a data erasure request?

You can respond to a request by deleting the data or providing reasons for refusing the same.