Guest user Created: Apr 12, 2018 Last commented: Apr 12, 2018

Right to Be Forgotten/Erasure

If a data subject request to be forgotten, however the retention period has been contractually defined between the processor and the controller as X years and the data subject consented to X years, do they have the right to be forgotten or simply to not be processed anymore based on withdrawal of their consent?

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Andrei Hanganu Apr 12, 2018

Answer:

The right to be forgotten does not apply when 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.

So, as you can see setting up a conventional retention period does not give you the right to object to a “erasure” (right to be forgotten request).

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Apr 12, 2018

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