Right to erasure and Legitimate Interests

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The ‘right to erasure’ is not an automatic right for individuals where processing is based on Legitimate Interests. However, this would be the case if Consent was the Lawful Basis. That said, even where the Controller relies on Legitimate Interests for the processing, an individual will still have the right to object to the processing of their Personal Data. The right to erasure would then apply if the Controller could not justify the legitimacy of the processing. Additionally, the right still applies when relying on Legitimate Interests where the Personal Data is no longer required for the purpose it was originally collected, or where the processing is found to be unlawful.

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I have 33 pages of this to wade through to try and understand how to advise on a legal data retention, processing and marketing strategy. :-|

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Originally Posted by Ash

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I have 33 pages of this to wade through to try and understand how to advise on a legal data retention, processing and marketing strategy. :-|

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It must be annoying. Especially when you are trying to read it and now you have Erasure songs playing in your head.

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Originally Posted by Pat Vegas

It must be annoying. Especially when you are trying to read it and now you have Erasure songs playing in your head.

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a little respect, please f

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Originally Posted by IUFG

a little respect, please f

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Sometimes, I love to hate you.

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Originally Posted by IUFG

a little respect, please f

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How is your EU GDPR compliance coming along in your HR dept? I'm sure you are on top of it all.

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Originally Posted by Pat Vegas

It must be annoying. Especially when you are trying to read it and now you have Erasure songs playing in your head.

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Luckily I have no Erasure songs permanently recorded in my head. However, I am now grappling with the thrills of Legitimate Interests Assessments and am quickly losing the will to live. And an hour and twenty minutes to go. :-(

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Originally Posted by Ash

Luckily I have no Erasure songs permanently recorded in my head. However, I am now grappling with the thrills of Legitimate Interests Assessments and am quickly losing the will to live. And an hour and twenty minutes to go. :-(

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Is there a deadline to absorb all this info?
tomorrow it will be clearer.

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Originally Posted by Pat Vegas

Is there a deadline to absorb all this info?
tomorrow it will be clearer.

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The deadline to have all processes, procedures, documents, modified software and consent in place is 28th May 2018. The penalties for non-compliance are up-to extermination.

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Originally Posted by Ash

The deadline to have all processes, procedures, documents, modified software and consent in place is 28th May 2018. The penalties for non-compliance are up-to extermination.

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:-( This sounds all very nazi.

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Originally Posted by Pat Vegas

:-( This sounds all very nazi.

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It is a bit strict. The actual penalties are up to £20m Euros, which is a death penalty for most companies. The ICO, who will be policing it, have hired 400 staff for prosecuting people, but some of the guidelines on how to actually comply won't be released by them until the end of this year, which will be too late. I'm working partly from a 3rd party estimate of how to comply.

Remember the millenium bug? That was easy to fix and we had years of warning and massive awareness campaigns. This is about ten thousand times more complex than the millenium bug and most people haven't heard about it yet. It won't break software, just make many companies' activities illegal and subject to huge punishments. It will be policed by a system of snitching, I believe.