The exercise of this right, described in article 20 of the LQPD, means
that you can request the person responsible to delete your personal data when
any of the following circumstances occur:
•
Your personal data is no longer
necessary in relation to the purposes for which it was collected or otherwise
processed.
•
The processing of your personal data
has been based on the consent that you gave to the controller, and you withdraw
the same, provided that the aforementioned processing is not based on another
cause that legitimizes it.
•
You have opposed the processing of
your personal data by exercising the right of opposition in the following
circumstances:
·
The processing of the controller was
based on the legitimate interest or in the fulfillment of a mission of public
interest, and no other reasons have prevailed to legitimize the processing of
your data.
·
Your personal data is subject to
direct marketing, including the preparation of profiles related to said
marketing.
·
Your personal data has been
illegally processed.
•
Your personal data must be deleted
to comply with a legal obligation.
•
The data is from minors and the
processing is related to information society services.
In addition, both the GDPR and the LQPD, by regulating this right, connect
it in a certain way with the so-called "right to be forgotten", so
that this right of deletion is extended in such a way that the controller that
has made public personal data is obliged to instruct any other data controllers
that are processing them to delete any link to them, or copies or replicas of
the relative data.
However, this right is not unlimited, in such a way that it may be
feasible not to proceed with the deletion when the processing is necessary for
the exercise of freedom of expression and information, for the fulfillment of a
legal obligation, for the fulfillment of a mission carried out in the public
interest or in the exercise of public powers vested in the controller, for
reasons of public interest, in the field of public health, for purposes of
archiving in the public interest, for scientific or historical research or for
statistical purposes, or for the formulation, exercise or defense of claims.
You can download
the form to exercise it here.
The right to erasure, also known as the "right to be
forgotten", is considered one of the particular innovations introduced by
the EU General Data Protection Regulation (GDPR) in May 2018, and by the LQPD
in May 2022. More specifically, it is a further elaboration of the right to
erasure contained in articles 12, letters b) and c) and 14, letter a) of the
Data Protection Directive 95/46/CE[1] to which the previous LQPD of Andorra was
adapted. Its development is a clear example of the modernization of European
data protection standards to be up to date. Its added role in our Law
recognizes its growing importance in today's society, in which personal data is
generated, made public and shared on a large scale, as an instrument for the data
subject to maintain some control over personal data.
Although the
right to erasure is a well-established data protection right, the "right
to request Internet browser removal" (typically referred to as the
"right to be forgotten") has proven more controversial in recent
years, because of freedom of expression and general human rights concerns among
many civil society groups.
Last updated: May 17, 2022