Conditions of the Right to Erasure

This chapter zooms in on Article 17 GDPR, on the right to erasure (‘right to be forgotten’). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure’s triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.

Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing

10.1093/oso/9780198826491.003.0051 ◽

2020 ◽

Author(s):

Gloria González Fuster

Keyword(s):

Public Interest ◽

Personal Data ◽

Historical Research ◽

Information Communication ◽

The Public ◽

Right To Be Forgotten ◽

Definition Of ◽

Article 4(9) (Definition of ‘recipient’); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 16 (Right to rectification), Article 17(1) (Right to erasure (‘right to be forgotten’)); Article 18 (Right to restriction of processing); Article 58(2)(g) (Powers of supervisory authorities); Article 89(3) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

Article 16 Right to rectification

10.1093/oso/9780198826491.003.0048 ◽

2020 ◽

Author(s):

Cécile de Terwangne

Keyword(s):

Public Interest ◽

Personal Data ◽

Data Accuracy ◽

Historical Research ◽

Information Communication ◽

The Public ◽

Article 5 ◽

Article 5(d) (Principles relating to processing of personal data—accuracy) (see too recital 39); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recital 59); Article 19 (Notification obligation regarding rectification or erasure of personal data or restriction of processing); Article 23 (Restrictions) (see too recital 73); Article 89 (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes) (see too recital 156).

Article 25 Data protection by design and by default

10.1093/oso/9780198826491.003.0060 ◽

2020 ◽

Author(s):

Lee A. Bygrave

Keyword(s):

Public Interest ◽

Data Protection ◽

Codes Of Conduct ◽

Personal Data ◽

Historical Research ◽

Individual Decision Making ◽

The Public ◽

Definition Of ◽

Article 5 ◽

Article 4(5) (Definition of ‘pseudonymisation’) (see too recital 28); Article 5(2) (Accountability) (see too recital 11); Article 6(4)(e) (Compatibility); Article 22 (Automated individual decision-making, including profiling) (see too recital 71); Article 24 (Responsibility of controllers); Article 28 (Processors) (see too recital 81); Article 32 (Security of processing) (see too recital 83); Article 34(3)(a) (Communication of personal data breach to data subject) (see too recitals 87–88); Article 35 (Data protection impact assessment) (see too recital 84); Article 40 (Codes of conduct); Article 83(2)(d) and 83(4) (Fines); Article 89(1) (Safeguards relating to processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).

Freedom of Expression versus Privacy and the Right to Reputation

10.1093/oso/9780198795957.003.0009 ◽

2017 ◽

Author(s):

Dirk Voorhoof

Keyword(s):

Public Interest ◽

Freedom Of Expression ◽

Media Freedom ◽

Investigative Journalism ◽

The Public ◽

The Right Of Privacy ◽

The One ◽

Grand Chamber ◽

The Right ◽

The Impact

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.

Article 5 Principles relating to processing of personal data

10.1093/oso/9780198826491.003.0034 ◽

2020 ◽

Cited By ~ 2

Author(s):

Cécile de Terwangne

Keyword(s):

Public Interest ◽

Personal Data ◽

Historical Research ◽

The Public ◽

Article 5

Article 6(1) (Lawfulness of processing) (see too recitals 40–49); Article 6(4) (Exceptions to the requirement of compatible purposes for further processing and criteria to ascertain whether a purpose of further processing is compatible with the purpose for which the personal data are initially collected) (see too recital 50); Article 12 (Transparent information) (see too recitals 58–59); Articles 13–15 (Information and access to personal data) (see also recitals 60–64); Article 24 (Responsibility of the controller) (see too recitals 74–78) ; Article 32 (Security of processing) (see too recital 83); Article 89(1) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes) (see too recitals 158–163).

Processing of personal data relating to the health of the data subject in a pandemic situation

Glimpse ◽

10.5840/glimpse202122115 ◽

2021 ◽

Vol 22 (1) ◽

pp. 95-99

Author(s):

Juan Francisco Rodriguez Ayuso ◽

Keyword(s):

Public Interest ◽

Data Protection ◽

Personal Data ◽

The State ◽

Community Level ◽

Interested Party ◽

Health Crisis ◽

The Public ◽

Vital Interest ◽

This study offers a systematic, exhaustive and updated investigation of the declaration of the state of alarm and the processing of personal data relating to the health of citizens affected and/or potentially affected by the exceptional situation resulting from COVID-19. Specifically, it analyses the distinction between the state of alarm and the states of exception and siege and the possible effect on the fundamental right to the protection of personal data in exceptional health crisis situations and the effects that this declaration may have on the applicable regulations, issued, at a Community level. Next, and taking into consideration all the general and sectorial regulations applicable to data protection and health, we proceed to the analysis of the legitimate bases and the exceptions that, applicable to situations of health emergency such as the present one, enable the processing, taking into account the nature of the person who intervenes as the controller, making special emphasis on the public interest pursued by the Public Administrations and on the vital interest of the interested party.

Article 86 Processing and public access to official documents

10.1093/oso/9780198826491.003.0133 ◽

2020 ◽

Author(s):

Kranenborg Herke

Keyword(s):

Member State ◽

Public Interest ◽

Personal Data ◽

Public Authority ◽

Public Access ◽

State Law ◽

The Public ◽

Public Body ◽

The Right

Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.

Article 18 Right to restriction of processing

10.1093/oso/9780198826491.003.0050 ◽

2020 ◽

Author(s):

Gloria González Fuster

Keyword(s):

Public Interest ◽

Historical Research ◽

The Public ◽

Definition Of ◽

The Right ◽

Article 5

Article 4(3) (Definition of ‘restriction of processing’); Article 5(1)(d) (Principle of accuracy); Article 16 (Right to rectification); Article 5(1)(a) (Principle of lawfulness); Article 17(1)(d) (Right to erasure based on unlawful processing); Article 5(1)(c) (Principle of data minimisation); Article 17(3)(e) (Limitations to the right to erasure); Article 19 (Notification obligation); Article 21 (Right to object); Article 89 (Derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes); Article 58(1)(g) (Powers of supervisory authorities).

Analysis Juridical Public Participation Formation of Regional Regulation No. 3 of 2017 on The Implementation of The Business Entertainment In Wonosobo Regency

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i1.4268 ◽

2019 ◽

Vol 2 (1) ◽

pp. 147

Author(s):

Amin Syarifudin ◽

Rakhmat Bowo Suharto

Keyword(s):

Public Participation ◽

Public Interest ◽

Local Regulation ◽

Legal Principles ◽

The Public ◽

The Third ◽

The People ◽

Public Hearings ◽

The Face ◽

The Right

To set the order and comfort in the Wonosobo regency and Goverment Wonosobo regency make Region Regulation No. 3 of 2017 on the Implementation of Enterprise Entertainment in Wonosobo. This is associated with the rise of karaoke business premises in Wonosobo. But after the regulation passes reap a lot of conflict in the community. This makes the writer interested in making. Juridical Analysis of Public Participation in Formation of Regional Regulation Number. 3 of 2017 on the Implementation of Enterprise Entertainment in Wonosobo,Method of approach used in this study is a sociological juridical methods, using the principles and legal principles in reviewing, view, and analyze problems.According to Act No. 12 of 2011 Establishment Regulation Legislation. Article 96 "The public has the right to give feedback in oral and / or written in question can be done through public hearings, working visits, socialization and / or, seminars, workshops and / or discussion.In the establishment of the Regional Regulation No. 3 Of 2017 on the Implementation of Enterprise Entertainment in Wonosobo regency public participation, not maximum.Constraints in the face is the lack of public interest in participating, goverment is valued less the aspirations of the people should be overcome by it, provide an understanding of the importance of public participation in Formation of Regional Regulation 3 Of 2017 about the entertainment business in Wonosobo, maximizing the dissemination of the regulations and the third accommodate all the aspirations of the peopleKeywords: Public Participation; Local Regulation; Entertainment.

Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

10.1093/oso/9780198826491.003.0136 ◽

2020 ◽

Author(s):

Christian Wiese Svanberg

Keyword(s):

Public Interest ◽

Personal Data ◽

Historical Research ◽

The Public ◽

Article 9 ◽

Article 5

Article 4 (Definitions) (see too recital 26); Article 5 (Principles relating to processing of personal data); Article 6 (Lawfulness of processing) (see too recital 50); Article 9 (Processing of special categories of personal data) (see too recitals 52–53).