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Can a website decline a GDPR request for data clearance?

  • 16-05-2025 07:11AM
    #1
    GalaxyRyder
    Registered Users, Registered Users 2 Posts: 247 ✭✭


    From what I know websites are typically obliged to adhere to these requests by law.

    I was using some information sharing to assist myself in getting setup in an overseas location, and now that I've completed that, I'd feel more comfortable getting that information cleared.

    When I contacted the website administrator however, there was no response.

    Contacted again, still nothing.

    They're based in the EU.

    Any thoughts?

    Post edited by GalaxyRyder on


Comments

  • #2
    Jim_Hodge
    Registered Users, Registered Users 2 Posts: 12,302 ✭✭✭✭Jim_Hodge


    For a start GDPR is not about data removal it's about protecting the data they hold.



  • #3
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,925 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/2058410250/can-a-website-decline-a-gdpr-request-for-data-clearance

    GDPR regulates the collection, storage and processing of information and gives you certain rights to know what information is held about you and have it corrected. It does not given you the right to have it deleted, nor even an obligation for the holder to disclose it in certain circumstances.

    You can always make a complaint to the Spanish AEPD, but whether it will result in the outcome you want will depend on the specific circumstances of your case.



  • #4
    Seth Brundle
    Moderators, Politics Moderators Posts: 43,340 Mod ✭✭✭✭Seth Brundle


    https://www.boards.ie/discussion/comment/123453575#Comment_123453575

    So you're telling us that the right to be forgotten has been removed from the Regulation?



  • #5
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,925 Mod ✭✭✭✭Jim2007


    https://www.boards.ie/discussion/comment/123453692#Comment_123453692

    Nope, I did not say that. The right to be forgotten is not absolute, people need to go read the actually directive, the way it has been implemented in the national law (civil law, not common law in the case of Spain), the relevant case law and the circumstances of the situation.

    For instance businesses need certain basic information to operate, such as customer details, services provided etc… in order to meet their legal obligations in a particular jurisdiction. Like wise you can't require someone to delete your data, if it would in fact amount to the holder being implicated in facilitating fraud. And since GDPR normally requires that holders delete such data once it is no longer needed for the purpose it was collected, you'd have to argue special circumstances in order to have it deleted before hand.

    The user states:

    I was using some information sharing to assist myself in getting setup in an overseas location, and now that I've completed that, I'd feel more comfortable getting that information cleared.

    That may not be a straight forward situation, if the service is well know, relied upon to prevent fraud and so on…

    I can tell you right now the organisations I have worked for would NEVER agree to apply the "right to be forgotten" rule and we have won every single case taken against us in courts around Europe. If we were to do it, then it would facilitate fraud, so no member of the judiciary is going to order it.

    GDPR is powerful, but it does not trump other laws nor rights.



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