It is the right of the data subject to obtain from the controller, without undue delay, the erasure of personal data concerning him or her.
This right may be exercised when one of the following circumstances occurs:
- The personal data are no longer necessary in relation to the purposes for which they were collected.
- The interested party withdraws the consent that served as a basis for the treatment and this can not be based on another legal basis (legal obligation).
- The interested party objects to the treatment having the right to it, and other legitimate reasons for the treatment do not prevail.
- The personal data have been processed unlawfully.
- The personal data must be deleted in order to comply with an obligation arising from Union or Member State law applicable to the controller.
- The personal data have been obtained in relation to the offer of services of the information society mentioned, in the case of direct offer to children.
However, the right recognized in the aforementioned cases ceases when the treatment is necessary to exercise the right to freedom of expression and information; for the fulfillment of a legal obligation or a mission carried out in the public interest or in the exercise of public powers conferred on the person responsible; for reasons of public interest in the field of public health; for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes; or for the formulation, exercise or defense of claims.