[gdpr-discuss] [article] GDPR: Biggest pain points, now and later
Walter van Holst
walter.van.holst at xs4all.nl
Tue May 22 12:38:39 BST 2018
On 2018-05-22 13:21, Ben Cooksley wrote:
> From what I've understood thus far, if you get a request for removal
> you basically have to remove it (and given the costs of defending your
> position and the penalties if the court finds against you, the
> standing action is probably going to be to do a removal regardless of
> what the GDPR actually says)
I would give an empathical no. Do (re)read art. 17 GDPR and you will
notice that there are plenty of circumstances in which there is room to
refuse to remove.
One of the cases there is an unqualified obligation to remove is if the
processing is solely based on consent. In a lot of cases this is not the
case. For example in a source code repository. Or a mailinglist archive.
Regards,
Walter
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