Guest
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?
Assign topic to the user
Expert
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).
Comment as guest or Sign in
Apr 12, 2018
Apr 12, 2018
Apr 12, 2018