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Published EDPB legal study relating to the right to object and the right to erasure under the GDPR

On 22 May 2023, the European Data Protection Board (EDPB) published a legal study on the right to object and erasure under the General Data Protection Regulation (GDPR). The legal study was conducted by consulting the one-stop-shop decision in the EDPB's public register, taken by Supervisory Authorities (SAs) acting as Lead Supervisory Authorities (LSAs) concerning Articles 17 and 21 of the GDPR. The study points out that most cases do not involve significant breaches of GDPR or have severe consequences for data subjects. Nevertheless, certain deficiencies were identified concerning the exercise of the right to object and the right to erasure. The study notes that numerous cases involved non-compliance with the GDPR, as controllers fail to provide data subjects with information regarding their right to object, which Article 13(2)(b) requires. Additionally, many cases decided under Article 60 exhibited shortcomings in the internal procedures adopted to handle requests. These shortcomings encompassed various aspects, including the accuracy of the procedure, internal communication, processing timeframe, and accountability. Regarding the right to erasure, the study has identified two main categories of deficiencies, procedural shortcomings and human errors. Procedural shortcomings have a broader impact on GDPR compliance, affecting all handled requests. The most severe procedural shortcoming was the absence of a specific procedure to address erasure requests, while the most common issue involved delays in the erasure process due to inadequate internal organization or technical malfunctions.

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Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
Implementation Level
Government Branch
Government Body
data protection authority

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On 22 May 2023, the European Data Protection Board (EDPB) published a legal study on the right to o…