News

The right to erasure: interim or invariable?

  • July 17, 2017
  • By Hunters Law

The proposed Data Protection Bill (“new Bill”) will give people within the UK new rights to “require major social media platforms to delete information held about them at the age of 18” as stated in the Government’s Manifesto. Under the current Data Protection Act 1998, the right to erasure is restricted to circumstances where a complainant has suffered unwarranted and substantial damage or distress and therefore the new Bill is undoubtedly a significant step in enhancing the rights of young people with regard to information held about them by social media platforms.

So how do these new rights relate to Article 17 of the EU’s much anticipated General Data Protection Regulation (GDPR) (also discussed here) which comes into force across Member States on 25th May 2018? The Government has stated that the new Bill will enable the UK to meet its “obligations while we remain an EU member state” and “put the UK in the best position to maintain our ability to share data with other EU member states and internationally after we leave the EU“. Although by no means a certainty, in view of the proposed ‘Great Repeal Bill’, which is intended to incorporate EU law into UK national law, it is possible that UK national legislation will continue to reflect the right to be forgotten and to erasure under Article 17 as long as the UK aspires to share data with other EU Member States post Brexit. However, the Government has yet to provide any detail on how the new Bill will be implemented and there is no guarantee that the right to erasure is here to stay. If this is the case, young people wanting to take advantage of the opportunity to edit their childhood social media presence and gain some control over their online identity may need to be prepared to act quickly.

For further information, please contact your client partner at Hunters or any partner in the Business Services Department.

Related News

Feb 18, 2020
Amanda Lathia examines partnerships and important factors to consider that will help navigate future challenges
Feb 14, 2020
Gregor Kleinknecht comments on new rules for copyright in the EU in IBA Global Insight
Nov 27, 2019
Amanda Lathia discusses firing employees over social media posts in HR Grapevine
Nov 27, 2019
Amanda Lathia comments on the Supreme Court case that led to Royal Mail employee’s dismissal in Personnel Today
Oct 23, 2019
Gregor Kleinknecht’s chapter on trade marks and design rights post-Brexit published in Winning with IP
Oct 17, 2019
Amanda Lathia comments on the Supreme Court employment ruling in favour of Judge Claire Gilham in The Times
Sep 18, 2019
Amanda Lathia discusses how the Gig Economy continues to shape the legal status of a worker in Employer News
Aug 20, 2019
Amanda Lathia and Polly Atkins discuss DSARs on the rise since GDPR introduced in 2018, in Lawyer Monthly
Aug 15, 2019
Gregor Kleinknecht discusses trading in antiquities in Discover Germany’s September 2019 Issue
Aug 15, 2019
Amanda Lathia and Polly Atkins discuss UK businesses coping with data subject access requests since GDPR was introduced, in GDPR.Report

© Hunters Law LLP 2020 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)