3 ms·
For example, Article 17(1) lays out the MANY grounds upon which a Data Subject can request erasure. If ONE of the mentioned criteria is met including the very b
by Silhouette 9y ago
For example, Article 17(1) lays out the MANY grounds upon which a Data Subject can request erasure. If ONE of the mentioned criteria is met including the very broad Right to Object (Article 21) then it must be erased.
Yes, but crucially, if the data is still relevant and you're processing it on a proper basis, the data subject doesn't necessarily have a right to have it erased.
If your only legal basis for processing is consent, subjects get most of the rights under the GDPR automatically and you have very little choice about complying. One of the big changes in the new regime is that consent can be withdrawn retrospectively.
If your basis is legitimate interests, things are more complicated. Subject rights are stronger in this situation than with some of the other legal bases, because they can object to processing. However, the right to object is itself subject to balancing tests that aren't clearly defined, except in the specific case of direct marketing.
For the stronger bases, such as performance of a contract or compliance with legal obligations, subject rights are still quite limited even under the GDPR. For example, under EU VAT rules, we are required by law to keep evidence of where our customers are located for quite a long time, and customers can't require us to delete that evidence prematurely.
There are some other important details to be considered, for example if you're processing data about children, but that seems to be the basic situation.