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Section 39: Rectification, erasure or restriction of processing

Data Protection Act 2017 · PART VII: RIGHTS OF DATA SUBJECTS

as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.

39. Rectification, erasure or restriction of processing (1) (a) A controller shall, on being informed of the inaccuracy of personal data by a data subject to whom such data pertains, cause the data to be rectified without undue delay. (b) A right to rectification under paragraph (a) shall include the right of a data subject to have incomplete personal data completed, having regard to the purpose of the processing. (2) A controller shall erase personal data without undue delay where – (a) the data are no longer necessary in relation to the purpose for which they were collected or otherwise processed; 504 Acts 2017 Acts 2017 505 (b) the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing; (c) the data subject objects to the processing of personal data and there are no overriding legitimate grounds for the processing; or (d) the personal data have been unlawfully processed. (3) Where the controller has made the personal data public, he shall take all reasonable steps to inform third parties processing such data, that the data subject has requested the erasure of any links to, or copy or replication of, that personal data. (4) Subsections (2) and (3) shall not apply where the processing of the personal data is necessary – (a) for reasons of public interest in the field of public health; (b) for the purpose of historical, statistical or scientific research; (c) for compliance with a legal obligation to process the personal data to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or (d) for the establishment, exercise or defence of a legal claim. (5) A controller may, at the request of a data subject, restrict the processing of personal data where – (a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the data; (b) the controller no longer needs the personal data for the purpose of the processing, but the data subject requires them for the establishment, exercise or defence of a legal claim; 506 Acts 2017 Acts 2017 507 (c) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead; or (d) the data subject has objected to the processing pursuant to section 41 pending verification as to whether the legitimate grounds of the controller override those of the data subject. (6) Where processing of personal data is restricted under subsection (4) – (a) the personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of a legal claim, the protection of the rights of another person or for reasons of public interest; and (b) the controller shall inform the data subject before lifting the restriction on processing of the personal data. (7) The controller shall implement mechanisms to ensure that the time limits established for the rectification, erasure or restriction of processing of personal data, or for a periodic review of the need for the storage of the personal data, are observed.

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