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EU General Data Protection Regulation (GDPR): Forget me please

This upcoming data protection standard is bringing a much sought after relief for data subjects (citizens of EU) in the form of “right to be forgotten”.

This right alone shall be a big breather for data subjects who do not wish their data to be processed barring a few exceptions such as public interest, scientific or historical research purposes or statistical purposes, defense of legal claims etc.

The provisions of Right to erasure (“right to be forgotten”) are as:

 

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 and where there is no other legal ground for the processing;

(c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing;

(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.

 

  1. 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.

 

  1. 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;

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes 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 defense of legal claims.

 

This right is placing the control back in the hands of data subjects and is determining the treatment/processing of data in accordance with wishes of data subjects.

 

-Dr. Tarun Kumar Singhal

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