Article 17
Right to erasure (‘right to be forgotten’)
(25) Whereas the principles of protection must be reflected, on the one hand, in the obligations imposed on persons, public authorities, enterprises, agencies or other bodies responsible for processing, in particular regarding data quality, technical security, notification to the supervisory authority, and the circumstances under which processing can be carried out, and, on the other hand, in the right conferred on individuals, the data on whom are the subject of processing, to be informed that processing is taking place, to consult the data, to request corrections and even to object to processing in certain circumstances;
Regulation
Art. 17 1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; (c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; (f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1). 2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. 3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary: (a) for exercising the right of freedom of ex (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or (e) for the establishment, exercise or defence of legal claims. |
Directive
Art. 12 Member States shall guarantee every data subject the right to obtain from the controller: (a) without constraint at reasonable intervals and without excessive delay or expense: - confirmation as to whether or not data relating to him are being processed and information at least as to the purposes of the processing, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed, - communication to him in an intelligible form of the data undergoing processing and of any available information as to their source, - knowledge of the logic involved in any automatic processing of data concerning him at least in the case of the automated decisions referred to in Article 15 (1); (b) as appropriate the rectification, erasure or blocking of data the processing of which does not comply with the provisions of this Directive, in particular because of the incomplete or inaccurate nature of the data; (c) notification to third parties to whom the data have been disclosed of any rectification, erasure or blocking carried out in compliance with (b), unless this proves impossible or involves a disproportionate effort. |
Romania
Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and completed Article 14: (1) Every data subject has the right to obtain from the data controller, upon request, and free of any charge: a) as the case may be, rectification, updating, blocking or deletion of data whose processing does not comply with the provisions of the present law, notably of incomplete or inaccurate data; b) as the case may be, transforming into anonymous data the data whose processing does not comply with the provisions of the present law; c) notification to a third party to whom the data were disclosed, of any operation performed according to letters a) or b), unless such notification does not prove to be impossible or if it does not involve a disproportionate effort towards the legitimate interest that might thus be violated. (2) In order to exert the right stated in paragraph (1), the data subject shall fill in a written, dated and signed petition. The petitioner may state his/her wish to be informed at a specific address, which may also be an electronic mail address, or through a mail service that ensures confidential receipt of the information. (3) The data controller has the obligation to communicate the measures taken, based on the provisions of paragraph (1), as well as, as the case may be, the name of a third party to whom the data concerning the data subject were disclosed, within 15 days from the date of the petition’s receiving, whilst complying with the petitioner’s possible option, according to paragraph (2).
Article 16: Exemptions (1) The provisions of Articles 12, 13, Article 14 paragraph (3) and Article 15 do not apply for such activities as mentioned in Article 2 paragraph (5), if their enforcement affects the efficiency of the action or the objective followed in order to fulfill the legal obligations of the public authority. (2) The provisions of paragraph (1) are applicable solely for the period of time necessary for the achievement of the goal intended by carrying out the activities mentioned in Article 2 paragraph (5). (3) As soon as the reasons that justified the enforcement of paragraphs (1) and (2) no longer exist, the controllers who perform the activities stated by Article 2 paragraph (5) shall take all necessary measures in order to ensure the compliance with the data subject’s rights. (4) Public authorities shall make a record of such cases and inform periodically the supervisory authority on the way these cases have been solved. |