The Erasure Obligation Independent of a Request

Johannes Rolfs ()
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Johannes Rolfs: Carl von Ossietzky University of Oldenburg

A chapter in Progress in Sustainable Mobility Research, 2021, pp 159-175 from Springer

Abstract: Abstract This contribution aims to answer the legal issue of the erasure concept, which is one of several legal aspects that had to be addressed in project NEMo. A fundamental question arises whether the person who is responsible for the NEMo app must erase personal data even if there is no request to erase it. Different legal requirements of the General Data Protection Regulation (GDPR) will be considered in this contribution: Initially, the erasure obligation under Article 17 will be analyzed based on legal interpretation methods, determining whether it actually reveals an erasure obligation, independent on the existence of a request to erase the data. Furthermore, it will be determined whether an erasure obligation—independent if the responsible person is asked to erase it or not—can be deducted from Article 6 and 9 GDPR or Article 5 GDPR. Regarding Article 5 GDPR, it will be examined whether a legal obligation can be derived at all and which consequences would apply. In this context, it will also be checked whether specific reasons/circumstances could prevent erasure. Finally, this contribution examines at what point of time the erasure of personal data must take place and which requirements have to be fulfilled to erase the data in an orderly procedure.

Keywords: Erasure concept; Erasure obligation independent of the request; Art. 17 GDPR; Art. 5 GDPR (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:spr:prochp:978-3-030-70841-2_9

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DOI: 10.1007/978-3-030-70841-2_9

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