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Deletion request

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Guest user Created:   Nov 08, 2018 Last commented:   Nov 08, 2018

Deletion request

If the data controller has the obligation to erase the information about data subject upon the request, how does my company keep the record, statistics and archives?
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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Nov 08, 2018

Answer:

The right to be forgotten established under the EU GDPR is not an absolute right.

You must comply with a deletion request where:

- the individual has objected to the processing and (other than in relation to objections to direct marketing) there are - - no overriding legitimate grounds to justify that processing;
- the personal data is no longer needed for the purpose for which it was collected or processed;
- the individual withdraws consent and there are no other grounds for the processing;
- the personal data is unlawfully processed;
- there is a legal obligation under Union or Member State law to erase the personal data; or
- personal data was processed in connection with an online service offered to a child.

You do not need to comply if the processing is:

- necessary for rights of freedom of expression or information;
- for compliance with a legal obligation under Union or Member State law;
- in the public interest or carried out by an official authority;
- for public interest in the area of public health;
- for archiving or research; or
- for legal claims.

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