Article 17 GDPR - Right 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 in Union or Member State law to which the controller is subject;

(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

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 by Union or Member State law to which the controller is subject 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 Article 89(1) 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.

Relevant Recitals

Frequently Asked Questions

Short answers to common questions about this provision. They are general information and not legal advice.

Paragraph 1 obliges the controller to erase without undue delay where one of six grounds applies, namely that the data are no longer necessary for the purposes of collection, that consent under point (a) of Article 6(1) or point (a) of Article 9(2) has been withdrawn and no other legal ground exists, that an objection under Article 21(1) is not outweighed by overriding legitimate grounds or an objection under Article 21(2) has been made, that the data have been unlawfully processed, that erasure is required by a Union or Member State legal obligation, or that the data were collected in relation to information society services offered to a child under Article 8(1). Outside these grounds, the data subject has no claim to erasure under this Article.

No. Paragraph 3 disapplies paragraphs 1 and 2 to the extent that processing is necessary for freedom of expression and information, for compliance with a legal obligation or a task in the public interest or official authority, for public health reasons under points (h) and (i) of Article 9(2) and Article 9(3), for archiving, research or statistical purposes under Article 89(1) where erasure would render the objectives impossible or seriously impair them, or for the establishment, exercise or defence of legal claims.

Under paragraph 2 it must take reasonable steps, including technical measures, to inform other controllers processing the data that the data subject has requested erasure of any links to, or copies or replications of, those data. The obligation is calibrated to available technology and the cost of implementation, so it is one of reasonable effort rather than a guarantee that every copy disappears.

Only where consent was the basis of the processing and no other legal ground exists, as point (b) of paragraph 1 makes clear. If the controller can lawfully continue the processing on a different ground of Article 6(1), such as a legal obligation, withdrawal of consent alone does not oblige it to erase.

Point (c) of paragraph 1 links the two rights. An objection on grounds of the data subject's particular situation under Article 21(1) leads to erasure only if the controller cannot demonstrate overriding legitimate grounds, whereas an objection to direct marketing under Article 21(2) triggers erasure without any balancing, since Article 21(3) prohibits further processing for that purpose outright.