Resource Page Lesson Day 12 - Delete Personal Data

Expert Comment

Examples

Resources

GDPR Resources

Art. 12 GDPR

Transparent information, communication and modalities for the exercise of the rights of the data subject

1. 1The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.

2. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means.

3. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

   1. The controller shall facilitate the exercise of data subject rights under Articles 15 to 22.

   2. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

4. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. 2 That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. 3The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. 4Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

5. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

6. Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. 2Where requests from a data subject are manifestly unfounded or excessive, in particular, because of their repetitive character, the controller may either:

   1. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested, or

   2. refuse to act on the request.

7. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

8. Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

   1. 1The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing.

   2. Where the icons are presented electronically they shall be machine-readable.

9. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.

Suitable Recitals

(58) The principle of transparency

(59) Procedures for the exercise of the rights of the data subjects

(60) Information obligation

(73) Restrictions of rights and principles

Art. 17 GDPR

Right to erasure (‘right to be forgotten’)

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:

   1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

   2. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;

   3. the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing or the data subject objects to the processing pursuant to Article 21(2);

   4. the personal data have been unlawfully processed;

   5. 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;

   6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

2. 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.

3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

   1. for exercising the right of freedom of expression and information;

   2. 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;

   3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);

   4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) 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

   5. for the establishment, exercise or defence of legal claims.

Suitable Recitals

(65) Right of rectification and erasure

(66) Right to be forgotten

Art. 23 GDPR

Restrictions

1. Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:

   1. national security;

   2. defence;

   3. public security;

   4. the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;

   5. other important objectives of general public interest of the Union or of a Member State, in particular, an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;

   6. the protection of judicial independence and judicial proceedings;

   7. the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;

   8. a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a) to (e) and (g);

   9. the protection of the data subject or the rights and freedoms of others;

   10. the enforcement of civil law claims.

2. In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:

   1. the purposes of the processing or categories of processing;

   2. the categories of personal data;

   3. the scope of the restrictions introduced;

   4. the safeguards to prevent abuse or unlawful access or transfer;

   5. the specification of the controller or categories of controllers;

   6. the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;

   7. the risks to the rights and freedoms of data subjects; and

   8. the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

Suitable Recitals

(73) Restrictions of rights and principles

Recital 65

Right of rectification and erasure*

1. A data subject should have the right to have personal data concerning him or her rectified and a ‘right to be forgotten’ where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject.

2. In particular, a data subject should have the right to have his or her personal data erased and no longer processed where the personal data are no longer necessary in relation to the purposes for which they are collected or otherwise processed, where a data subject has withdrawn his or her consent or objects to the processing of personal data concerning him or her, or where the processing of his or her personal data does not otherwise comply with this Regulation.

3. That right is relevant in particular where the data subject has given his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to remove such personal data, especially on the internet.

4. The data subject should be able to exercise that right notwithstanding the fact that he or she is no longer a child.

5. However, the further retention of the personal data should be lawful where it is necessary, for exercising the right of freedom of expression and information, for compliance with a legal obligation, for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, on the grounds of public interest in the area of public health, for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.

Recital 66

Right to be forgotten*

1. To strengthen the right to be forgotten in the online environment, the right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform the controllers which are processing such personal data to erase any links to, or copies or replications of those personal data.

2. In doing so, that controller should take reasonable steps, taking into account available technology and the means available to the controller, including technical measures, to inform the controllers which are processing the personal data of the data subject’s request.

* This title is an unofficial description.