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The data is being used for the establishment of a legal defense or in the exercise of other legal claims.įurthermore, an organization can request a “reasonable fee” or deny a request to erase personal data if the organization can justify that the request was unfounded or excessive.Īs you can see, there are many variables at play and each request will have to be evaluated individually.The data represents important information that serves the public interest, scientific research, historical research, or statistical purposes and where erasure of the data would likely to impair or halt progress towards the achievement that was the goal of the processing.
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This only applies when the data is being processed by a health professional who is subject to a legal obligation of professional secrecy.
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The right to be forgotten appears in Recitals 65 and 66 and in Article 17 of the GDPR. This article takes a closer look at when people can make a right to be forgotten request, the value it adds for EU residents, and how organizations can create a right to be forgotten form to ensure GDPR compliance.
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Of course, given competing interests and the hyper-connected nature of the Internet, the right to be forgotten is much more complicated than an individual simply requesting that an organization erase their personal data. The “right to be forgotten,” which received a lot of press after the 2014 judgment from the EU Court of Justice, set the precedent for the right of erasure provision contained in the GDPR. The General Data Protection Regulation ( GDPR) governs how personal data must be collected, processed, and erased. Here we explain when the right to be forgotten applies and when it doesn’t. But organizations don’t always have to do it. Also known as the right to erasure, the GDPR gives individuals the right to ask organizations to delete their personal data.