Fiche 35/54
Part 4 — Data Subject Rights
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Reviewed 2026-08-23
Right to Erasure ('Right to be Forgotten') (Art. 17)
Right to Erasure ('Right to be Forgotten') (Art. 17)
⚡ In 30 seconds
Under Article 17, data subjects have the right to obtain the erasure of personal data without undue delay where one of six statutory grounds applies (purposes no longer necessary, consent withdrawn, successful objection, unlawful processing). Crucially, Article 17(3) establishes five mandatory exceptions where erasure must be denied.
| 6 Erasure Triggers (Art. 17.1) | 5 Statutory Exceptions (Art. 17.3) |
|---|---|
| 1. Data no longer necessary in relation to purposes. | 1. Exercising the right of freedom of expression and information. |
| 2. Consent is withdrawn and no other legal basis exists. | 2. Compliance with a statutory legal obligation (tax, accounting). |
| 3. Objection to processing under Art. 21 and no overriding interests. | 3. Reasons of public interest in the area of public health. |
| 4. Personal data have been unlawfully processed. | 4. Archiving purposes in the public interest, scientific or historical research. |
| 5. Necessary for compliance with a legal obligation. | 5. Establishment, exercise or defence of legal claims. |
| 6. Data collected in relation to the offer of information society services to children (Art. 8.1). | — |