The right to erasure is sometimes known as the “right to be forgotten”

You have the right to ask us to erase your personal data in specific circumstances:

Where the personal data is no longer necessary in relation to the purpose it was originally collected/processed

If you withdraw your consent

If you object to processing and there is no overriding legitimate interest for continuing the processing

If the data has been unlawfully processed

The personal data has to be deleted to comply with a legal obligation

 

When does the right to erasure not apply?

The council can refuse to comply with a request for erasure where data is processed for the following reasons:

To comply with a legal obligation for the performance of a public interest task or exercise of official authority

For public health purposes

For archiving purposes or statistical purposes in the public interest

For the exercise or defence of legal claims

 

If we comply with your request for erasure we will inform any third party with whom data has been shared or disclosed requiring them to erase the personal data too.

 

How do I request this?

You can make this request by completing this form, verbally or in writing using the contact details below:

You can write to us at the address below:

Data Protection Officer
East Devon District Council
Knowle
Sidmouth
EX10 8HL 

 

You can email us at dataprotection@eastdevon.gov.uk  

You can phone us on 01395 517417

 

Is there a charge?

You will not be charged for exercising any of your rights unless your request is unfounded, excessive or repetitive in which case we may charge you a reasonable administration fee for the supply of information. Having been provided with any information, if you request further copies then this will be subject to a reasonable charge.

How long will it take?

We will provide information or process your request within one month of receiving a valid request. In some cases, if the request is particularly complex, we may not be able to respond within one month and would then contact you to explain this and that we need more time. In any case your request will be dealt with within 3 months.

Can my request be refused?

If your request is considered to be manifestly excessive, unfounded or repetitive, we may make a charge for provision of information or we may refuse to respond. In these cases we will always contact you to explain the reasons for this.

ID requirements

If the Council is not in a position to identify you then we may request further information to enable us to confirm identity. None of the rights are available unless we can confirm identity. 

Complaints

If we are not able to comply with your request, we will explain to you why this is the case and you will have the right to complain.