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This Data Erasure Request is a document which is used by an individual to request an organization, which holds an individual's personal data, to completly delete such a personal data from their records forever.
The organization which holds individual's personal data is usually referred as the 'data controller'.
Each individual can at any time to request the deletion of their personal data and such a right is guaranteed by the General Data Protection Act. An individual can request the erasure of their personal data by the data controller, provided ONE of the following grounds is present:
- the personal data is no longer necessary for the purpose for which it was collected;
- the individual withdraws their consent for the processing of their personal data;
- the individual objects to the processing;
- the data was unlawfully processed;
- the personal data was collected in relation to the offer of information society services; or
- the personal data have to be erased for compliance with a legal obligation.
Upon satisfying one of these conditions, the data controller must delete the personal data without 'undue delay' and inform all other controllers of the data (to whom this personal data has been shared) to delete all links, copies or duplicates of the data.
This document clearly cites the 6 legal grounds for erasing data, defined in the GDPR. It invites users to answer focused questions to determine which of the 6 grounds for data erasure under the GDPR apply to their specific situation. Data must be erased if any of the 6 grounds apply, but any request is enhanced by providing as many reasoned arguments in favour of erasure as possible.
How to Use this Document
This document should be filled in by an authorised agent of the individual whose personal data is held or the individual themselves.
This document would be suitable for either of the following situations:
- when employees make the request about the erasure to their employers;
- when contractors make the request about the erasue to their business partners;
- when customers make the request about the erasure to their business;
- when users make the request about the erasure to the online businesses etc.
The document once filled out should be signed by the individual or their authorized agent and sent to the organisation holding the data. In the event this document is served by a representative of the data subject, it is important the individual sign the document to signal their consent to the representative dealing with the matter of their behalf.
The date on which the Data Erasure Request is sent should be noted, as the organisation is required to give a response to the request within 30 (thirty) days of receiving it.
It is advised that senders keep a hard and soft copy of the document for their records.
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