The right to be forgotten is also known as the right to erasure.
This fundamental data protection right allows individuals, under certain conditions, to request the deletion or removal of their personal data from controllers, such as organizations or businesses. While commonly referred to as "the right to be forgotten," its formal designation, particularly under data protection regulations like the UK GDPR, is the right to erasure.
Key Aspects of the Right to Erasure
The right to erasure empowers individuals to control their personal information, but it is not an absolute right. It applies only in specific situations and is balanced against other rights and public interests.
- Formal Name: The right to be forgotten is formally known as the right to erasure.
- Conditions Apply: This right is not absolute and only applies in certain circumstances. For instance, it may apply when personal data is no longer necessary for the purpose for which it was originally collected, or when an individual withdraws consent and there is no other legal basis for processing.
- Requesting Erasure: Individuals have the flexibility to make a request for erasure either verbally or in writing. Organizations receiving such requests are then obliged to respond within specified timeframes, typically one month.
Understanding the Right to Erasure
| Term | Description |
|---|---|
| Right to be Forgotten | The commonly used term, highlighting an individual's power to have their personal data removed from public availability or a controller's records. |
| Right to Erasure | The official and legal term for this data protection right, particularly within frameworks like the UK General Data Protection Regulation (GDPR). |
| Applicability | This right is not universal. It depends on specific legal grounds, such as the data no longer being necessary, withdrawal of consent, or unlawful processing. There are also specific exemptions where the right does not apply. |
| Request Method | Individuals can submit a request for their data to be erased through various channels, including verbally (e.g., over the phone) or in writing (e.g., email or letter). |
This right provides individuals with greater control over their digital footprint and ensures that their personal data is not retained indefinitely without a valid reason.
