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Question 217 - CIPP-E discussion

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Pursuant to Article 17 and EDPB Guidelines S'2019 on RTBF criteria in search engines cases, all of the following would be valid grounds for data subject delisting requests EXCEPT?

A.

The personal dale has been collected in relation to the offer of Information society services (ISS) to a child.

Answers
A.

The personal dale has been collected in relation to the offer of Information society services (ISS) to a child.

B.

The data subject withdraws consent and there is no other legal basis for the processing.

Answers
B.

The data subject withdraws consent and there is no other legal basis for the processing.

C.

The personal data is no longer necessary in relation to the search engine provider's processing

Answers
C.

The personal data is no longer necessary in relation to the search engine provider's processing

D.

The processing s necessary for exercising the right of freedom of expression and information

Answers
D.

The processing s necessary for exercising the right of freedom of expression and information

Suggested answer: D

Explanation:

According to Article 17 of the GDPR, the data subject has the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller has the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing; the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; (f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1). However, Article 17(3) provides that the right to erasure does not apply to the extent that processing is necessary for exercising the right of freedom of expression and information. Therefore, this would not be a valid ground for data subject delisting requests.

Reference:

Article 17 of the GDPR

EDPB Guidelines 5/2019 on the criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1)

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asked 22/11/2024
Preety Koul
39 questions
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