CIPP/US Study Guide
Chapter 14: The GDPR and International Privacy Issues

Rights to Erasure and Restriction of Processing

The right to erasure (right to be forgotten) applies in defined situations and requires deletion even from backups unless an exemption applies. As an alternative, the right to restriction marks stored data to limit future processing.

The Right to erasure (right to be forgotten) applies where data is no longer necessary, consent is withdrawn with no other legal ground, the subject objects with no overriding legitimate grounds, data was unlawfully processed, erasure is legally required, or data was collected to offer information society services to children.

Erasure reaches backups and downstream

A valid erasure request requires deleting the data including from backup systems, unless an exemption applies (e.g., legal obligation or legal claims). Where the controller made the data publicly available online, it must take reasonable measures to inform other controllers to erase links or copies.

As an alternative, Restriction of processing means marking stored data to limit future processing - by moving it to another system, making it unavailable to users, or removing it from a website. It applies while accuracy is contested, where processing is unlawful but the subject prefers restriction over erasure, where the controller no longer needs the data but the subject needs it for legal claims, or while a legitimate-interest objection is being verified.

Downstream notification

Controllers must communicate any rectification, erasure, or restriction to each recipient to whom they disclosed the data, unless impossible or disproportionate. The recipients must be documented in the record of processing activities.

Key terms - quick answers

What is “Right to erasure”?
Also called the right to be forgotten; the right to have personal data deleted in defined circumstances unless an exemption applies.
What is “Restriction of processing”?
The marking of stored personal data with the aim of limiting its processing in the future.