MAKE YOUR FREE Data Erasure Request
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What is a Data Erasure Request?
When should I use a Data Erasure Request?
Use this Data Erasure Request:
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to request that a business delete any of your personal data they hold
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if you are based in England, Wales or Scotland
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if the business is based in England, Wales or Scotland
Sample Data Erasure Request
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To whom it may concern,
Data deletion request
Under the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018 I have the right to request the deletion of my personal data held by.
I am requesting that you delete all the personal data you hold on me. Specifically, I am requesting that you delete personal data relating to:
I am further requesting that you delete personal data held:
I am requesting that you delete this data because:
Please find below my information which you can use to identify me and the personal data I am requesting you delete, to respond to my request and to keep a record of my request and your response.
- Full name:
- Address: , ,
- Are you a current or former employee of?: I am a employee
- Approximate date of employment:
You can find more information and guidance on the Information Commissioner’s Office website (www.ico.org.uk), including:
your obligations under data protection laws
the regulatory powers of the Information Commissioner’s Office and actions they can take in relation to data deletion requests
If you need any more information, please let me know as soon as possible.
Please bear in mind that data protection laws require you to respond to my request for personal data within one calendar month.
If you do not normally deal with data deletion requests, please pass this letter on to your data protection officer or relevant member of staff.
Yours faithfully,
| _________________________________ | _________________________________ |
About Data Erasure Requests
Learn more about making your Data Erasure Request
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How to make a Data Erasure Request
Making a Data Erasure Request online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Data Erasure Request you will need the following information:
Party details
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The details of the business or organisation that you’re sending the Request to (including its legal structure, name and address).
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Your details (including your name (and any previous names), address, date of birth and contact details).
Personal data
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Which personal data do you want the business to delete?
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Is the personal data being held:
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In employment records or personnel files?
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In pension or benefits records?
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By a specific department? What is the department’s name?
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In billing records?
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In user activity logs?
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In financial statements? What account number do they relate to and what are the dates of the financial statements being requested?
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In another place and, if so, where?
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Employment
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Are you a current or former employee of the business or organisation?
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If you are a current employee, when did you start working for the business or organisation?
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If you are a former employee, when did you start and stop working for the business or organisation?
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Reason
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Why do you want the business or organisation to delete your personal data?
Letter
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On what date is the Request sent to the business or organisation?
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Common terms in a Data Erasure Request
Data Erasure Requests are used by data subjects (ie individuals) to ask a business or other organisation to delete the personal data they hold on them. To do this, this Request covers:
An introduction
This sets out your right under the Data Protection Act 2018 and UK General Data Protection Regulation (GDPR) to make a Data Erasure Request and what exactly this entails.
Details of the personal data that is to be deleted
This section sets out your request that the business or organisation should delete the indicated personal data. It also provides details of where the personal data is held.
Details to identify the data subject
This part of the Request sets out the details that can be used by the business or organisation to identify you and the personal data you want deleted. These details include:
- your name (and any previous or other names you are or have been known by)
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your address
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your date of birth
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your telephone number and email address
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whether you are a current or former employee of the business or organisation and your employment start (and, where applicable, end) date
Response to your Data Erasure Request
This section highlights that you are requesting that your Data Erasure Request be handled in the appropriate fashion and within an appropriate time frame. It also reiterates that, under data protection laws, a business or organisation generally has one calendar month to respond to your Request.
If you want your Data Erasure Request to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Request for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Data Erasure Request
Understand when to provide proof of identity
After a Data Erasure Request is made and sent, the business or organisation may ask you to provide proof of ID. This is done so that they can carry out identity verification for security reasons. If you are asked to provide proof of ID, the one-month time limit for responding to your Request is extended. This means that the time limit does not start until the business or organisation has received your proof of ID. For more information, read Data protection requests.
Be aware that a fee may be charged in some circumstances
Generally speaking, businesses or other organisations should comply with Data Erasure Requests free of charge. However, in some circumstances, a fee may be charged. For example, if the business or organisation believes your request to be manifestly unfounded or excessive. In these cases, a fee can be charged to cover their administrative costs. As with providing proof of ID, the one-month time limit for responding to a Request doesn’t start until after any required fee is paid and received. For more information, read Data protection requests.
Understand when to seek advice from a lawyer
Ask a lawyer if:
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you are making a Data Erasure Request on behalf of someone else
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this document does not cover your legal needs
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the business is based outside of England, Wales and Scotland
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a business does not respond to your Request
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Data Erasure Request FAQs
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What is included in a Data Erasure Request?
This Data Erasure Request template covers:
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your details
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the business’ details
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details of your ‘right to be forgotten’
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which personal data you want to be deleted
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where the to-be-deleted personal data is held (eg in employment records, billing records or a user activity log)
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why you are requesting the deletion
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What is the right to be forgotten?
The right to be forgotten is your right to have your personal data deleted. There are different reasons why you may want your personal data deleted, including:
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you have now withdrawn consent for activities relating to your data (eg you agreed to partake in a market research study and later changed your mind)
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it’s not necessary for the business to continue holding your data for its original purpose (eg a gym no longer needs to keep details on your name, address, age and health conditions after you’ve cancelled your membership)
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the business has collected or used your data unlawfully
For more information, read Making data deletion requests.
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What details does a Data Erasure Request need to include?
Your Request should, as a minimum, include:
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your full name (including any previous names, where relevant)
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your up-to-date contact details (eg address and telephone number)
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any details to help the business identify you
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a statement that you wish to exercise your right of erasure
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details of the personal data you want to have deleted
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a request for a response within a specified timeframe (typically one calendar month), in which the business should confirm that they will comply with your Data Erasure Request
For more information, read Making data deletion requests.
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How long does a business have to respond to my Data Erasure Request?
Businesses generally have to respond within one month. However, they may extend this period (for up to two months) if they need extra time to consider your Data Erasure Request (eg because you have made several Data Erasure Requests). If they need more time, you should be informed (and provided with a reason) within one month. For more information, read Data protection requests.
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How will a business respond to a Data Erasure Request?
After receiving your Request, a business should delete your data, unless they refuse to do so because an exemption applies. Examples of exemptions include:
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it’s necessary to keep your data for reasons such as freedom of expression or information (eg work for journalism, academic, artistic and literary purposes)
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the data is necessary for legal claims (eg if the data is required to establish, exercise or defend a claim)
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retention of the data is necessary for reasons of public health
When you make a successful Deletion Request (ie one that results in your data being deleted), the business should contact any third parties with which they shared your data, to inform them about your Request. Businesses can only refuse to do this if it would be impossible or would involve a disproportionate effort.
If your personal data has been published online (eg social networks and websites) the business has to take reasonable steps to inform those responsible for these sites to erase your personal data.
For more information, read Making data deletion requests and Data protection requests.
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What if a business doesn’t respond to my Data Erasure Request?
If a business doesn’t respond (or you are dissatisfied with their response), you should contact them directly. If you do not receive a response or remain dissatisfied with the response, you can complain to the Information Commissioner’s Office (ICO). For more information, read Data protection requests.
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