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.
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.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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