Deleted Work Now Client Wants It Again

What is the right to get your data deleted?

The right to become your data deleted is also known as the 'correct to erasure'. You tin can enquire an organisation that holds information about you lot to delete that data. In some circumstances, they must so do and so. You may sometimes hear this chosen the 'correct to be forgotten'.

When can I ask for my information to exist deleted?

The right only applies in the following circumstances:

• The system no longer needs your data for the original reason they collected or used information technology for.

After you have cancelled your gym membership, the gym no longer needs to keep details of your name, accost, historic period and health weather.

• You initially consented to the organisation using your data, but have now withdrawn your consent.

Y'all agreed to take part in a marketplace research study and at present don't desire to.

• You have objected to the apply of your data, and your interests outweigh those of the organisation using it.
• Y'all have objected to the use of your information for direct marketing purposes.

For more information on the right to object, read 'Your right to object to how your data is used'.

• The organisation has collected or used your data unlawfully.

Information technology hasn't complied with the rules on data protection.

• The organisation has a legal obligation to erase your data.
• The information was collected from you every bit a child for an online service.

You used social media or a gaming app as a child.

The police force gives children special protection, peculiarly online, because they may be less aware of the risks and consequences of giving their data to organisations. Even if you are now an adult, you have a right to have your data erased if it was collected from you every bit a child.

For more than about this, run across our guidance on Children's rights.

How do I ask for my data to be deleted?

Y'all should contact the system and let them know what personal data you want them to erase. You don't have to ask a specific person – you lot can contact any function of the arrangement with your request.

Y'all can make your request verbally or in writing. Nosotros recommend you follow up whatever verbal request in writing because this will allow you to explain your complaint, requite evidence and explain what y'all desire to happen. Yous will also have clear proof of your actions, if you decide to claiming the organisation'south response.

At that place are no specific words that you must apply, just you lot may find it useful to use the template below to help y'all exercise your right to erasure.

[Your full accost]
[Telephone number]
[The date]

[Name and accost of the organisation]
[Reference number (if applicative)]

Dearest [Sir or Madam / name of the person y'all have been in contact with]

Right to erasure

[Your full proper noun and address and whatever other details such as business relationship number to help identify yous]

I wish to exercise my right of erasure nether data protection police force.

[Give details of what personal data you want erased/deleted.]

You can find guidance on your obligations under data rights legislation on the website of the Data Commissioner's Role (www.ico.org.uk) also every bit information on their regulatory powers and the action they can have.

Please send a full response within one calendar month confirming if you will comply with my request. If you cannot respond within that timescale, please tell me when you will be able to reply.

If in that location is anything y'all would like to discuss, please contact me.

Yours faithfully
[Signature]

What should the organisation do?

The organisation should delete your data, unless an exemption in data protection police applies (see below).

They should also tell anyone else they take shared your data with about the erasure. They can only pass up to do this if it would be impossible or involve disproportionate effort. If yous ask, they must as well tell you that they take shared your data with other organisations.

If your data has been fabricated public online – such equally on social networks, forums or websites – then the organisation must take reasonable steps to inform the people with responsibleness for these sites to erase links or copies of that data.

When can the system say no?

The organisation can refuse to erase your data in the post-obit circumstances:

• When keeping your data is necessary for reasons of freedom of expression and information (this includes journalism and bookish, artistic and literary purposes).
• When the organisation is legally obliged to keep concur of your data such every bit to comply with fiscal or other regulations.
• When the system is conveying out a task in the public interest or when exercising their official dominance.
• When keeping your data is necessary for establishing, exercising or defending legal claims.
• When erasing your data would prejudice scientific or historical research, or archiving that is in the public interest.

Too, the right to erasure does not utilise to special category data in the post-obit circumstances:

• When keeping hold of your information is necessary for reasons of public health in the public interest.
• When keeping your information is necessary for the purposes of preventative or occupational medicine; for the assessment of the working capacity of the employee; for medical diagnosis; for the provision of health or social care; or for the management of health or social care systems or services. This only applies if the data is beingness used by or nether the responsibility of a professional person who is nether a legal obligation of professional person secrecy, such as a health professional.

If an exemption applies, the organisation tin either fully or partly pass up to comply with your asking.

The organisation can besides refuse your request if it is, every bit the law states, 'manifestly unfounded or excessive'.

There is no set definition of what makes a request 'manifestly unfounded or excessive'. It depends on the particular circumstances of your asking. For case, an organisation may consider a request to be 'plain unfounded or excessive' if it is clear that information technology has been fabricated with no real purpose except to cause the organisation harassment or disruption.

In such circumstances the organisation can:

• request a reasonable fee to bargain with the request; or
• reject to deal with the asking.

In either case they will demand to tell you and justify their conclusion.

If, having considered your asking, the system decides it does not need to erase your information, they must all the same respond to y'all. They should explicate why they believe they don't have to erase your data, and permit you know about your right to complain about this decision to the ICO, or through the courts.

How long should the organisation accept?

An organisation has i agenda calendar month to respond to your asking. In certain circumstances they may demand actress fourth dimension to consider your request and can accept up to an extra two months. If they are going to do this, they should let you lot know within one month that they demand more than time and the reasons why. For more on this, encounter our guidance on fourth dimension limits.

The organisation might need you to prove your identity. However, they should simply ask you for only enough information to be certain you are the correct person. If they do this, then the i-month time menstruation to respond to your asking begins from when they receive this additional data.

Tin the organisation accuse a fee?

In nigh circumstances, no. An organisation tin can just charge a fee if the asking is 'manifestly unfounded or excessive'. They may then ask for a reasonable fee for authoritative costs associated with your request.

What to practice if the organization does not respond or you are dissatisfied with the outcome

If y'all are unhappy with how the organisation has handled your request, you should first raise a complaint with them and give them the opportunity to resolve the matter

Having done and so, if you lot remain dissatisfied you can brand a complaint to the ICO.

You can too seek to enforce your rights through the courts. If you determine to practise this, we strongly propose you to seek independent legal advice first.

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Source: https://ico.org.uk/your-data-matters/your-right-to-get-your-data-deleted/

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