GDPR_RIGHT_TO_ERASURE_001

rules/regulations/eu/gdpr_right_to_erasure.yaml

Citation

Regulation (EU) 2016/679, Article 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).

Condition

Requires controllers to erase personal data without undue delay when requested by the data subject, where the data is no longer necessary, consent is withdrawn, the subject objects, or data was unlawfully processed. The right to be forgotten under GDPR Article 17.

Layer 1 detects

refuse or refusing, optionally "to", then erase or delete personal data; cannot erase or delete your, the or personal data; erasure or deletion request denied, rejected or refused; no right to erasure, deletion or be forgotten; ignore, ignoring or disregard, then erasure or deletion request, with nothing between; personal data cannot or will not be erased, deleted or removed; retain or retaining data or personal data despite or after an erasure or deletion request, with nothing between; and fail, failing or failure to erase or delete data or personal data followed by "within" or "without undue delay". It matches wording, not meaning: it misses the practice told in other words ("Tell her we keep all accounts forever and close her ticket."), it does not read the exceptions of Article 17(3), so it fires on a lawful retention in these words ("Personal data cannot be erased while the legal hold for the court case applies."), and it fires on text that only names the practice. Whether a text does the practice is judged in Layer 2.

Condition type

regex; semantic condition in the file, not run by the engine

Status in the file

approved