🗑️ Your Right to Erasure (Article 17, UK GDPR)

Written by Kieron JH, Advocate at The Reasonable Adjustment

Also known as: The Right to Be Forgotten
In force since: 2018
Legal basis: Article 17 of the UK GDPR and the Data Protection Act 2018

❓ What Is the Right to Erasure?

The Right to Erasure gives you the power to ask an organisation to delete your personal data, permanently. It is not a polite request, it is a legal right.

If a company, school, employer, charity, or public body no longer has a lawful reason to hold your data, you can demand that it be erased.

This includes:

• Personal details like your name, contact info, or address
• Internal emails or case notes that identify or discuss you
• Any messages, documents, or files containing your personal data

✅ When Can You Use It?

You can legally request erasure if:

• The data is no longer needed for the original reason it was collected
• You gave consent but now withdraw it
• The data was collected or processed unlawfully
• You object to the processing and there is no overriding reason to keep it
• The data was collected while you were a child
• You challenge the accuracy or purpose of the data, and they cannot justify keeping it

❌ When Can They Refuse?

An organisation can refuse your erasure request only if they can prove:

• They need to keep the data to comply with a legal obligation
• The data is required for legal claims or defence
• The data serves the public interest, for example journalism or public health
• The data must be archived for historical, statistical, or research purposes

They cannot simply say “we might need it one day” or “we keep everything by default.” That does not meet the standard of lawful processing under the UK GDPR.

🧾 How to Make a Right to Erasure Request

You do not need a solicitor. You do not need complex legal language. Just send a written request stating clearly:

• You are exercising your Right to Erasure under Article 17 of the UK GDPR
• What data you want erased
• Why you believe they no longer have a lawful reason to keep it
• Your name and enough information for them to identify your records

They have one calendar month to respond to your request.

✉️ Example Template

Subject: Right to Erasure Request (Article 17, UK GDPR)

Dear [Organisation Name],

I am writing to request the erasure of all personal data you hold about me, in accordance with my rights under Article 17 of the UK GDPR.

I believe the data is no longer necessary for the purposes for which it was collected, and I do not consent to any further processing.

Please confirm in writing that the data has been erased, or provide a lawful reason for refusal.

Sincerely,
[Your Full Name]
[Your contact details]

🔁 Follow-Up with a Subject Access Request (SAR)

Even after submitting a Right to Erasure, you can still submit a Subject Access Request (SAR) to ask for:

• Copies of data they hold on you
• Internal communications that mention you
• Correspondence or decision-making records involving your name or case

This can be done after your erasure request, especially if you’re concerned that the data was not properly deleted or want to understand what was held beforehand. Much to the dismay of disorganised organisations, SARs often reveal emails, meeting notes, or other records they forgot were even on file.

🚨 If They Ignore You or Refuse Without Grounds

If the organisation:

• Ignores your request after a month
• Refuses to comply without a lawful reason
• Blocks you from making the request altogether

You can escalate it to the Information Commissioner’s Office (ICO):
https://ico.org.uk/make-a-complaint

And yes, refusing to respond to a lawful request can itself be a breach of data protection law.

🧠 Final Thoughts

Your data is your power. You do not have to let it sit on someone’s hard drive, especially if they no longer support you, mishandled your case, or ignored your rights.

The Right to Erasure is your reset button. Pair it with a Subject Access Request, and you have both ends of the rope — control over what they keep, and visibility into what they have.

Use it wisely. Use it lawfully. Use it without fear.

Published by Kieron JH | The Reasonable Adjustment