Article 16*

Article 16 – Right to erasure

Commission Proposal

1. Member States shall provide for the right of the data subject to obtain from the controller the erasure of personal data relating to them where the processing does not comply with the provisions adopted pursuant to Articles 4 (a) to (e), 7 and 8 of this Directive.2. The controller shall carry out the erasure without delay.

3. Instead of erasure, the controller shall mark the personal data where:

(a) their accuracy is contested by the data subject, for a period enabling the controller to verify the accuracy of the data;

(b) the personal data have to be maintained for purposes of proof;

(c) the data subject opposes their erasure and requests the restriction of their use instead.

4. Member States shall provide that the controller informs the data subject in writing of any refusal of erasure or marking of the processing, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.

EDRi’s proposed amendment

1. Member States shall provide for the right of the data subject to obtain from the controller the erasure of personal data relating to them where the processing does not comply with the provisions adopted pursuant to Articles 4 (a) to (e), 7 and 8 of this Directive.2. The controller shall carry out the erasure without delay.

2a. Where the erasure is carried out, the controller shall not otherwise process such personal data.

3. Instead of erasure, the controller shall mark restrict the processing of the personal data where:

(a) their accuracy is contested by the data subject, for a period enabling the controller to verify the accuracy of the data;

(b) the personal data have to be maintained for purposes of proof;

(c) the data subject opposes their erasure and requests the restriction of their use instead.

3a. Personal data referred to in paragraph 3 may, with the exception of storage, only be processed when necessary for purposes of proof, or the protection of vital interests of the data subject or another person.

3b. Where processing of personal data is restricted pursuant to paragraph 3, the controller shall inform the data subject before lifting the restriction.

4. Member States shall provide that the controller informs the data subject in writing of any refusal of erasure or marking restriction of the processing, the reasons for the refusal and the possibilities of lodging a complaint to the supervisory authority and seeking a judicial remedy.

5. Member States shall provide that the controller shall implement mechanisms to ensure that the time limits established for the erasure of personal data and/or for a periodic review of the need for the storage of the data are observed.

Justification

This amendment brings the provision in the Directive more in line with those of the General Data Protection Regulation.

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