How do I respond to a request for erasure?
Individuals have the right to request erasure of personal data concerning them and in that case, the controller has the obligation to erase the personal data. You should respond without undue delay and at the latest within one month after receipt of the request. This deadline can be extended by another two months if the request is too complex and more time is needed to comply with the request, provided that the individual is informed of this within one month after receiving the request.
It is important to note that the right to erasure is not absolute. It does not apply when the data in question is necessary for:
- exercising the right to freedom of expression and information (e.g. for journalistic purposes);
- compliance with a legal obligation which requires the processing of personal data (e.g. processing records on employees’ work hours);
- reasons of public interest in the area of public health
- archiving purposes in the public interest or scientific or historical research purposes or statistical purposes; and
- the establishment, exercise or defence of legal claims.
When the personal data that is to be erased was previously transferred to other organisations, you must inform these recipients that the individual has requested erasure, unless this proves impossible or would require disproportionate efforts.
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