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. |
Austria
Scope of application and implementing provision § 4 DSG [...] (2) If personal data processed by automated means cannot be rectified or erased immediately because they can be rectified or erased only at certain times for economic or technical reasons, processing of the personal data concerned shall be restricted until that time, with the effect as stipulated in Article 18 para. 2 of the General Data Protection Regulation. [...] Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes § 7 DSG (1) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes whose goal is not to obtain results in a form relating to specific data subjects, the controller may process all personal data that
(2) In the case of processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes that do not fall under para. 1, personal data may be processed only
(3) A permit of the Data Protection Authority for the processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall be granted at the request of the controller ordering the research project, if
If special categories of personal data (Article 9 of the General Data Protection Regulation) are to be collected, an important public interest in the research project must exist; furthermore, it must be ensured that the personal data are processed at the premises of the controller ordering the research project only by persons who are subject to a statutory obligation of confidentiality regarding the subject matter of the research project or whose reliability in this respect is credible. The Data Protection Authority shall issue the permit subject to terms and conditions, insofar as this is necessary to safeguard the data subjects’ interests which deserve protection. (4) A request according to para. 3 must, however, be accompanied by a statement signed by the person authorised to exercise rights in respect of the data files from which the personal data are to be collected, stating that this person is making the data files available for the research project. Instead of this statement, a writ of enforcement (§ 367 para. 1 of the Enforcement Code, Imperial Law Gazette No 79/1896) replacing this statement may be submitted. (5) Even in cases where the processing of personal data for scientific research purposes or statistical purposes is permitted in a form which allows the identification of data subjects, the data shall be coded without delay so that the data subjects are no longer identifiable if specific phases of scientific or statistical work can be performed with personal data pursuant to para. 1 subpara. 3. Unless otherwise expressly provided for by law, data in a form which allows the identification of data subjects shall be rendered unidentifiable as soon as it is no longer necessary for scientific or statistical work to keep them identifiable. (6) Legal restrictions on the right to use personal data for other reasons, in particular for copyright reasons, shall not be affected. |
United Kingdom
14. Rectification, blocking, erasure and destruction (1) If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an ex (2) Subsection (1) applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party but where the data accurately record such information, then— (a) if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and (b) if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a). (3) Where the court— (a) makes an order under subsection (1), or (b) is satisfied on the application of a data subject that personal data of which he was the data subject and which have been rectified, blocked, erased or destroyed were inaccurate, it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction. (4) If a court is satisfied on the application of a data subject— (a) that he has suffered damage by reason of any contravention by a data controller of any of the requirements of this Act in respect of any personal data, in circumstances entitling him to compensation under section 13, and (b) that there is a substantial risk of further contravention in respect of those data in such circumstances, the court may order the rectification, blocking, erasure or destruction of any of those data. (5) Where the court makes an order under subsection (4) it may, where it considers it reasonably practicable, order the data controller to notify third parties to whom the data have been disclosed of the rectification, blocking, erasure or destruction. (6) In determining whether it is reasonably practicable to require such notification as is mentioned in subsection (3) or (5) the court shall have regard, in particular, to the number of persons who would have to be notified. |