Data Erasure Request - Template, Sample Form Pro · IE-law

________,
________
Email address: ________
Telephone: ________

________,
________

Date: ________

BY ________

Re: Request for Erasure of Personal Data ("Right to be Forgotten")

For the attention of: The Data Protection Officer / Privacy Contact for ________

Dear Sir/Madam,

I, ________ (the "Data Subject"), am writing to formally request the erasure of personal data concerning me which is held and/or processed by your organisation (the "Data Controller").

§ 1. Legal Basis of this Request

1.1 This request is made pursuant to Article 17 (Right to Erasure) and Article 19 (Notification Obligation) of Regulation (EU) 2016/679 (the "General Data Protection Regulation" or "GDPR"), as given further effect in the State by the Data Protection Act 2018.

1.2 I am exercising my rights as a data subject and require that you deal with this request in accordance with your obligations under Article 12 of the GDPR and sections 91 and 132 of the Data Protection Act 2018, free of charge and without undue delay.

§ 2. Data Subject Information

2.1 Full name: ________

2.2 Date of birth: ________

2.3 Address:

________

2.4 Any reference, account or customer number held by you in respect of me (if known): ________

2.5 Proof of address enclosed: ________

2.6 Proof of identification enclosed: ________

§ 3. Personal Data to be Erased

3.1 The personal data which is the subject of this erasure request is as follows:

________

§ 4. Grounds for Erasure

4.1 Pursuant to Article 17(1) of the GDPR, I am entitled to obtain the erasure of my personal data without undue delay. The ground(s) upon which I rely is/are (please delete as appropriate):

(a) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed (Article 17(1)(a));

(b) I hereby withdraw the consent on which the processing is based and there is no other legal ground for the processing (Article 17(1)(b));

(c) I object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, and/or I object to the processing of my personal data for direct marketing purposes pursuant to Article 21(2) (Article 17(1)(c));

(d) the personal data has been unlawfully processed (Article 17(1)(d));

(e) the personal data must be erased for compliance with a legal obligation (Article 17(1)(e)); and/or

(f) the personal data has been collected in relation to the offer of information society services referred to in Article 8(1) (Article 17(1)(f)).

4.2 The specific basis for this request in my circumstances is as follows:

________

4.3 I am satisfied that none of the exemptions to the right to erasure set out in Article 17(3) of the GDPR or in sections 60 and 61 of the Data Protection Act 2018 applies. In particular, the continued processing of the personal data in question is not necessary for any of the following purposes:

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing under the law of the European Union or of the State, or for the performance of a task carried out in the public interest or in the exercise of official authority;

(c) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and 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); or

(e) for the establishment, exercise or defence of legal claims.

4.4 If you intend to rely upon any exemption or lawful ground to refuse or restrict this request, please set out in writing the precise statutory basis on which you do so as soon as possible, and in any event within the period referred to at § 6 below.

§ 5. Notification of Third Parties and Confirmation of Erasure

5.1 Please confirm to me in writing once my personal data has been erased in accordance with this request.

5.2 Where my personal data has been disclosed to, or shared with, any third party recipients, I require that you communicate this erasure to each such recipient pursuant to Article 19 of the GDPR, unless this proves impossible or involves disproportionate effort, and that you inform me of those recipients if I so request.

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5.4 Should you require any further information from me in order to comply with this request, or to verify my identity, please contact me at the email address or postal address provided above without undue delay.

§ 6. Time for Compliance

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6.2 I reserve the right, in the event of non-compliance, to lodge a complaint with the Data Protection Commission (21 Fitzwilliam Square South, Dublin 2, D02 RD28) pursuant to Article 77 of the GDPR and section 108 of the Data Protection Act 2018, and to seek any judicial remedy available to me.

Yours faithfully,

______________________________________
________
Dated: ________

The following document is enclosed as proof of identification for the Data Subject: ________

The following document is enclosed as proof of address for the Data Subject: ________