publishable_be_2019-01_righttoerasure_summarypublic.pdf

Summary Final Decision Art 60
Complaint

Compliance order to controller

Background information
Date of final decision: Before 29 January 2019
LSA: BE
CSAs: DK, ES, NO
Legal Reference: Right to Erasure (Article 17), Transparent information, communication and modalities for the exercise of the rights of the data subject (Article 12)

Decision: Compliance order to controller
Key words: Transparency, Compliance order

Summary of the Decision
Origin of the case
The complainant received an email on the update of the privacy policy of the controller. The complainant sent a mail to the controller requesting the erasure of the complainant’s data. The controller informed that it would need 60 more days to execute the request. By September 2018, the complainant hadn’t received any confirmation, despite the obligation to the controller in Art 12.3 GDPR.

Findings
The period in which the Controller has to inform the complainant on the action taken to exercise the right of erasure has expired. The SA stated that “it is obvious that the deadline has been exceeded at all levels”.

Decision
The SA has issued a Data subject rights compliance order to the controller on the Right of Erasure.


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