You have the right to have the entity processing your data delete it when any of the following circumstances occur:
- If your personal data is no longer necessary for the purpose for which it was collected or is processed in another way.
- If you revoke the consent on which the processing of the data was based and this is not based on another legal basis that legitimises it.
- If you have objected to the processing in any of these two circumstances:
- The processing was based on legitimate interest or the fulfilment of a mission in the public interest and there are no other prevailing reasons for the processing of your personal data.
- That your personal data is the subject of direct marketing, including the creation of profiles related to this.
- If your personal data has been processed unlawfully.
- If your personal data must be deleted to comply with a legal obligation.
- If the data has been obtained in relation to the offer of information society services aimed at minors (for example, social media).
The entity that has made them public, and has the obligation to delete them, must take reasonable measures to inform the third parties who process with them of the request to delete any link to the personal data, or any copy or replica.
It will also have to communicate the deletion to each recipient to whom the data has been conveyed, unless it is impossible or requires disproportionate effort. You can also request the identity of these recipients.
Exceptions to the exercise of the right of erasure
This right is not unlimited and it may not be appropriate to delete your data when the processing is necessary for:
- The exercise of the right to freedom of expression and information.
- The fulfilment of a legal obligation.
- The fulfilment of a mission carried out in the public interest or in the exercise of public powers conferred on the data controller entity.
- Reasons of public interest in the field of public health.
- Archival purposes in the public interest or scientific or historical research or statistical purposes, the formulation, filing or defence of claims.
Highlights