Right to Erasure
The right to erasure is also known as ‘the right to be forgotten’.
This right enables you to request the deletion or removal of personal data where there is no compelling reason for its continued processing.
The right to erasure is not an absolute right and only applies in the following circumstances;
- Your personal data is no longer necessary for the purpose which we originally collected or processed it for;
- We relied on your consent as your lawful basis for holding the data, and you now wish to withdraw your consent;
- We relied on legitimate interests as our reason for processing your personal data and you now object to us processing your data, and we have no overriding legitimate interest to continue this processing;
- We are processing your personal data for direct marketing purposes and you object to that processing;
- We have processed the personal data unlawfully (i.e. in breach of the lawfulness requirement of the first principle);
- We have to do it to comply with a legal obligation; or
- We have processed personal data to offer information society services to a child.
From the 25 May 2018 we will accept requests for erasure verbally or in writing. We will respond to your request within one month of receipt however this can be extended by a further two months if your request is complex or numerous. If proof of identity is required the one month will commence when your identity is confirmed.
If there is a delay in dealing with your request we will inform you within one month of receipt of the request and explain why the extension is necessary.
We may also request a reasonable fee or refuse to comply with your request for erasure if we consider it is manifestly unfounded or excessive. We will write to you within one month of receipt of your request and explain our decision. Any fee will be based on the administrative costs of complying with the request. If we charge a fee then your request will not be processed until the fee is received.
If we refuse to process your request we will explain why and inform you of your right to complain to the Information Commissioner, and to a judicial remedy within one month of receipt.
There are some specific circumstances where the right to erasure does not apply and therefore a request may be refused. These reasons could involve data processed for the following purposes:
- To exercise the right of freedom of expression and information;
- To comply with a legal obligation for the performance of a public interest task or exercise of official authority.
- For public health purposes in the public interest;
- Archiving purposes in the public interest, scientific research historical research or statistical purposes; or
- The exercise or defence of legal claims.
If we have disclosed your personal data to others, including making it public on an online environment, and then subsequently erase on request, we will contact the recipient(s) and inform them of the erasure, unless to do so proves impossible or involves disproportionate effort.
If you would like to have your data erased please click here.