Description: The right to erasure, also known as the ‘right to be forgotten’, is the ability of individuals to request the deletion of their personal data from databases and information systems. This right is framed within privacy and data protection regulations, such as the General Data Protection Regulation (GDPR) of the European Union. Its primary goal is to empower users, allowing them greater control over their personal information and digital footprint. This right is activated under various circumstances, such as when the data is no longer necessary for the purposes for which it was collected, when the individual withdraws their consent, or when the data has been processed unlawfully. Implementing the right to erasure requires organizations to establish clear procedures for managing these requests, ensuring compliance within a reasonable timeframe. Additionally, this right is not absolute; there are exceptions that allow for data retention for legal reasons or public interest. In an increasingly digital world, the right to erasure has become crucial for protecting individuals’ privacy and fostering a culture of responsibility in data handling.
History: The right to erasure was solidified as a legal concept in Europe with the enforcement of the GDPR in May 2018. However, its roots can be traced back to earlier court decisions, such as the ruling by the Court of Justice of the European Union in 2014, which addressed the case of a Spanish citizen who requested the removal of information about past debts from search engines. This case set an important precedent for the recognition of the right to be forgotten in the digital realm.
Uses: The right to erasure is primarily used in the context of personal data protection, allowing individuals to request the deletion of information they consider harmful or irrelevant. It applies in various situations, such as the removal of data from social media, search engines, and commercial databases. Organizations must establish policies and procedures to effectively manage these requests.
Examples: A practical example of the right to erasure is when a user of an online platform requests the deletion of their account and all associated information. Another case could be an individual asking a search engine to remove links to articles containing outdated or harmful information about their personal life. These examples illustrate how the right to erasure is applied in practice.
