// Data Protection

Right to Erasure (Right to Be Forgotten)

The right to erasure, also known as the right to be forgotten, allows individuals to request the deletion of their personal data when it is no longer necessary, when consent is withdrawn, or when processing is unlawful.

GDPRprivacydata subject rightsArticle 17deletion

Why It Matters

The right to erasure is one of the most well-known GDPR rights and one of the most frequently exercised by individuals. Search engines like Google receive millions of erasure requests per year. For businesses, handling these requests correctly — within the one-month deadline — is critical to avoiding complaints and fines.

When Does the Right Apply?

A data subject can request erasure when:

  • The data is no longer necessary for the purpose it was collected
  • Consent is withdrawn and there is no other legal basis
  • The data subject objects to processing and there are no overriding legitimate grounds
  • The data was unlawfully processed
  • Legal obligation requires erasure
  • The data was collected from a child in relation to information society services

When Can You Refuse?

The right to erasure is not absolute. Organizations can refuse when processing is necessary for:

  • Freedom of expression and information (journalism, academic research)
  • Legal obligations (tax records, employment law requirements)
  • Public health purposes
  • Archiving in the public interest, scientific or historical research
  • Establishment, exercise, or defense of legal claims

How to Handle a Request

  1. Verify the identity of the requester
  2. Respond within one month (extendable by two months for complex requests, with notice)
  3. Delete the data from all systems — production databases, backups, logs, third parties
  4. Inform any third parties to whom the data was disclosed
  5. Document the request and your response — even if you refuse, explain why
  6. If you refuse, inform the data subject of their right to lodge a complaint with the supervisory authority

Key Regulation

  • GDPR Article 17 — right to erasure
  • CJEU "Google Spain" ruling (2014) — established the "right to be forgotten" in search results
  • EDPB Guidelines on data subject rights — process guidance
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