Right To Be Forgotten

Right to object

Under the GDPR, users have the right to object to certain processing activities of the controller in relation to their personal data. In short, the user can object to the processing of his data where the processing is based on the legitimate interest of the controller, on the performance of a task carried out in the public interest or in the exercise of official authority, or on scientific or historical research and statistical purposes. . The user must justify the objection, unless the processing is for direct marketing purposes – in which case no justification is required to exercise this right.

If an objection to the processing of personal data is received and there are no grounds for rejecting it, the processing activity must be stopped. Although the processing activity (including storage) must be stopped for the specific processing activities objected to, erasure of the data may not be appropriate if the data is processed for other purposes (such as to comply with a legal or contractual obligation) , as the data will have to be kept for those purposes.

Requests must be honored without undue delay and at the latest within one month of receipt of the request. The time limit to reply to a request may be extended by a further two months if the request is complex or if the same data subject has submitted several requests. The data subject must be informed of this within one month of receipt of the request. You must also explain why the extension is necessary Right to be forgotten UK Law.

In most cases, organizations must honor an objection (when there are no grounds for refusal) without charging a fee. However, if a request is found to be “manifestly unfounded or excessive,” a “reasonable fee” may be charged to carry out the request, or the request may be denied. In both scenarios you have to motivate that decision. If a request is refused, the data subject must be informed (and the reason for it explained) without undue delay and within one month of receipt of the request.

Right to data portability

Users have the right to obtain their personal data (in machine-readable form) for the purpose of transferring them from one controller to another, without the processor being allowed to prevent them from doing so. Both “provided” and “observed” data are covered by this rule. This right only applies to personal data and as such not to truly anonymous data (data that cannot be traced back to the person concerned).

Requests must be honored without undue delay and at the latest within one month of receipt of the request. The time limit to reply to a request may be extended by a further two months if the request is complex or if the same data subject has submitted several requests. The data subject must be informed of this within one month of receipt of the request. You must also explain why the extension is necessary.

In most cases, organizations must comply with a request without charging a fee. However, if a request is found to be “manifestly unfounded or excessive,” a “reasonable fee” may be charged to carry out the request, or the request may be denied. In both scenarios you have to motivate that decision. If a request is refused, the data subject must be informed (and the reason for it explained) without undue delay and within one month of receipt of the request.

Right to erasure

When data is no longer relevant to the original purpose, users have withdrawn their consent or the personal data has been unlawfully processed, users have the right to request that their data be erased and that any distribution thereof be stopped. Requests must be honored without undue delay and at the latest within one month of receipt of the request.

The time limit to reply to a request may be extended by a further two months if the request is complex or if the same data subject has submitted several requests. The data subject must be informed of this within one month of receipt of the request . You must also explain why the extension is necessary.

A request for deletion can be rejected :

• when the personal data is processed for archiving purposes in the public interest (e.g. for scientific research);
• when the data is necessary for legal defense;
• when the data is necessary to comply with a legal obligation;
• when the data is necessary for the fulfillment of a task in the public interest;
• when the data is necessary in the exercise of official authority vested in the controller;
• when the data is necessary for the exercise of the right to freedom of expression;
• when the data is processed for health purposes in the public interest.