CHAPTER IIIRights of the data subject
Article 17Right to erasure (‘right to be forgotten’)
1.
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
(a)
the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
(b)
the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
(c)
the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
(d)
the personal data have been unlawfully processed;
(e)
the personal data have to be erased for compliance with a legal obligation F1under domestic law;
(f)
the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
F2(g)
the personal data have been processed as a result of an allegation about the data subject—
(i)
which was made by a person who is a malicious person in relation to the data subject (whether they became such a person before or after the allegation was made),
(ii)
which has been investigated by the controller, and
(iii)
in relation to which the controller has decided that no further action is to be taken.
2.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
(a)
for exercising the right of freedom of expression and information;
(b)
for compliance with a legal obligation which requires processing F3under domestic law or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(c)
for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
(d)
for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with F4Article 84B in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(e)
for the establishment, exercise or defence of legal claims.
4.
F5For the purposes of paragraph (1)(g), a person who has made an allegation about a data subject is a “malicious person” in relation to the data subject if the person—
(a)
has been convicted of an offence specified in column 1 of the table in paragraph 5 in relation to which the data subject is a person specified in the corresponding entry in column 2 of that table, or
(b)
is subject to a stalking protection order under section 2 of the Stalking Protection Act 2019 or section 8 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) made to protect the data subject from a risk associated with stalking (see section 2(1)(c) of the 2019 Act and section 8(2)(c) of the 2022 Act).
5.
The table is as follows—
Offence | Data subject | |
|---|---|---|
1. | An offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment: England and Wales) | A person mentioned in section 1(1)(a) or 1(1A)(a) of that Act |
2. | An offence under section 2A, 4 or 4A of the Protection from Harassment Act 1997 (other harassment and stalking offences: England and Wales) | The person against whom the offence is committed |
3. | An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 2(1)(c) of that Act) |
4. | An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in entry 1, 2 or 3 of this table | A person specified in column 2 of the entry in which the corresponding offence is specified |
5. | An offence under section 70 of the Army Act 1955 or Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the corresponding civil offence is specified |
6. | An offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning of that section) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the civil offence is specified |
7. | An offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (stalking offences: Scotland) | The person against whom the offence is committed |
8. | An offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking offences: Northern Ireland) | The person against whom the offence is committed |
9. | An offence under section 13 of the Protection from Stalking Act (Northern Ireland) 2022 (offence of breaching order: Northern Ireland) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 8(2)(c) of that Act) |
10. | An offence under Article 4 or 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (harassment offences: Northern Ireland) | The person against whom the offence is committed |