The right to be forgotten

  • GDPR AND HR

    From the 25th May 2018, to avoid the risk of breaching the General Data Protection Regulation, employer’s are obligated to take on new responsibilities, as well as updating their contracts, policies and procedures, in order to maintain compliance under the GDPR requirements.

    This means employer’s must:

  • Record keeping - right to be forgotten

    GDPR gives individuals the right to have their personal data deleted, although this is not an 'absolute' right. If you still need to retain the personal data concerned, you may be able to refuse the request. Moreover, the right to erasure does not mean you erase all the data if you have a need and legitimate interest basis to process their data for audit records. If you cannot erase data (for example, there is a legal requirement to keep certain records for 6 years) then consider restricting the processing, such as moving to archiving.

    The data minimisation principles should also be applied, together with an appropriate retention period. Ensure that you inform the data subject as to what data you are keeping.

  •  Right to be forgotten

    Companies need to consider what technical measures they can take in an effort to adhere to the data subject's right to erasure, or 'right to be forgotten'.

    Anonymisation ensures that the anonymised data is no longer identifiable to a person. Therefore, it is no longer considered personal data under GDPR. Where anonymisation has been done, and a subject access request (SAR) follows, you would be then able to explain that you no longer have personal data related to that subject on your database. That said, anonymised data is very hard to achieve perfectly and leaves some risk unless performed properly.

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