GDPR For Dummies by Suzanne Dibble
Author:Suzanne Dibble
Language: eng
Format: epub
ISBN: 9781119546177
Publisher: Wiley
Published: 2019-11-27T00:00:00+00:00
The Right to Be Forgotten
Article 17 covers the right of erasure, or as it’s commonly known, the right to be forgotten. A data subject can write to you and say, “I want to exercise my right to be forgotten.” In this case, you have the obligation to forget that data subject and erase the vast majority of the personal data you hold about that person.
The right to be forgotten is different from an opt-out. If you have relied on consent as a ground for processing and a person opts out of marketing and receiving your emails, that isn’t the same as a person requesting to be forgotten. In the case of an opt-out, you must have a record of the person opting out, which is typically kept on a suppression list. You need to keep at least that much information because the data subject’s name might find its way into your database in the future, and you need to know that this data subject has said, “I don't want to receive those marketing emails.”
The right to be forgotten is commonly misunderstood. Data controllers often mistakenly believe that it applies in all circumstances and that the obligation to delete data applies to all data. Neither assumption is the case, and the right is more restrictive than you might assume.
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