Request For Erasure Procedure
Updated: 24th January 2019
This procedure describes what criteria classify an acceptable erasure request, how individuals can request the Brazelton Centre UK stops processing personal data and request erasure and how to deal with a request.
Request for erasure criteria
- The right to erasure does not provide an absolute ‘right to be forgotten’. Individuals have a right to:
- have personal data erased and to prevent processing in specific circumstances
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed
- When the individual withdraws consent
- When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing
- The personal data was unlawfully processed
- The personal data has to be erased in order to comply with a legal obligation
- The personal data is processed in relation to the offer of information society services to a child
How does the right to erasure apply to data collected from children?
There is an emphasis on the right to have personal data erased if the request relates to data collected from children. This reflects the enhanced protection of children’s information, especially in online environments, under the GDPR.
Therefore, if we process data collected from children, we will give particular weight to any request for erasure if the processing of the data is based upon consent given by a child – especially any processing of their personal data on the internet. This is still the case when the data subject is no longer a child, because a child may not have been fully aware of the risks involved in the processing at the time of consent.
How do we recognise a request?
An individual can make a request for erasure verbally or in writing. It can also be made to any part of our organisation and does not have to be to a specific person or contact point. A request does not have to include the phrase ‘request for erasure’ or Article 17 of the GDPR, as long as one of the conditions listed above apply.
We have a legal responsibility to identify that an individual has made a request and handle it accordingly. We will record details of the requests, particularly those made by telephone or in person in our Data Request Record Form. You may wish to check with the requester that you have understood their request, as this can help avoid later disputes about how you have interpreted the request.
Refusing a request for erasure criteria
We will refuse to comply with a request for erasure where the personal data is processed for the following reasons:
- to exercise the right of freedom of expression and information
- to comply with a legal obligation for the performance of a public interest task or exercise of official authority
- for public health purposes in the public interest
- archiving purposes in the public interest, scientific research historical research or statistical purposes
We can refuse to comply with a request for erasure if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.
If we refuse a request for erasure, we will need to justify our decision.
What should we do if we refuse to comply with a request for erasure?
You must inform the individual without undue delay and within one month of receipt of the request.
You should inform the individual about:
- the reasons you are not taking action;
- their right to make a complaint to the ICO or another supervisory authority; and
- their ability to seek to enforce this right through a judicial remedy.
Individuals wishing to have personal data erased can send a request to:
Telephone: 01223 314429
All requests must be recorded in the Brazelton Centre UK Data Request Record Form.
Responding to the Request for Erasure
The personal data to be erased should be clearly identified. Brazelton Centre UK may require conformation of the identity of the data subject and/or the person making the request.
How long do we have to comply?
The Charity will respond to requests without undue delay, within one month of receipt of the submitted request (provided sufficient information has been given to Brazelton Centre UK to enable us to process the request).
If the request is complex Brazelton Centre UK may require up to an additional two months to complete the request. If this is the case we will inform you how much additional time is needed and the reasons why within the first month.
Can we ask an individual for ID?
If we have doubts about the identity of the person making the request, we will ask for more information. However, we will only request information that is necessary to confirm who they are.
Right of Appeal
If you are dissatisfied with the outcome of the request, you have a right of appeal to the Information Commissioner’s Office. Details follow for ease of reference.
By Post: Information Commissioner’s Office
By Telephone: 01625 545 700
Via the Website: www.ico.org.uk