The Personal Data Protection (Personal Data Collection and Processing) Regulations 2023 empower individuals with the “right to be forgotten.” Under this regulation, a data subject, i.e the person whose data is being held, can request that their personal data be erased or destroyed in several circumstances. These include:
The data is no longer required for its original purpose.
The individual withdraws their consent for the data to be retained.
The individual no longer wishes for their data to be processed.
The data is being used for commercial purposes without the individual’s consent.
The processing of the data violates the law.
The law requires the erasure or destruction of the data.
To exercise this right, the data subject must submit an application using Form No. 6 from the First Schedule of the Regulations, which should also be copied to the Commission. The data controller or data processor then has fourteen days to consider the application and decide whether to accept or reject it.
However, it’s important to note that the right to erasure is not absolute. There are specific conditions under which this right cannot be exercised, including:
If the data is necessary for exercising the right to freedom of expression and information.
If the data is needed to fulfill legal obligations.
If the data is required for duties carried out in the public interest or under the Government’s jurisdiction.
If a request for erasure is rejected, the data controller or processor must inform the data subject in writing, providing the reasons for the rejection.
Understanding your rights under the Personal Data Protection Regulations 2023 can empower you to take control of your personal data and ensure it is used in a manner that respects your privacy and complies with the law.
Disclaimer:
This article is of a general nature and solely for information purposes. It is not a legal opinion and only counts as an expert general opinion but not professional advice. While the information is accurate as at the date of this article, there can be no guarantee that the information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act upon such information without appropriate professional advice and after a thorough examination of the circumstances of each situation. For any further clarification on the contents of this article please reach out directly to the Partner named herein.