In today’s digital world, our personal data circulates everywhere; through forms, newsletters, social media platforms, online shops… Yet few people realise that, under the General Data Protection Regulation (GDPR), you hold a powerful right: the right to erasure, better known as the “right to be forgotten.”
Data protection specialist
Abigail Sked, Data protection specialist (subtitles available in English and Spanish)
The right to erasure allows you to request that an organisation delete your personal data when:
It is no longer necessary for the purpose for which it was collected.
You withdraw your consent and there is no other lawful basis for keeping it.
It is being processed unlawfully.
You legitimately object to the processing.
In short, if a company holds your data without good reason, you can demand that it be erased.
Moreover, when the data has been made public, the controller must take reasonable steps to inform other controllers who are also processing it that they should erase any links, copies or replications of that data.
The right is not absolute. There are exceptions when freedom of information prevails, when legal retention obligations apply (for instance, tax data during the limitation period), or when there are public interest reasons, or the processing is necessary for the establishment, exercise or defence of legal claims.
One of the most well-known contexts for exercising this right concerns Internet search engines. The landmark 2014 judgment of the Court of Justice of the European Union (Google Spain case) marked a turning point, establishing that search engines also process personal data and must, therefore, assume responsibility.
In practice, this means that anyone may request the removal of links from search results associated with their name when those links are inadequate, inaccurate, irrelevant, outdated or excessive, taking into account the passage of time and the public interest in the information.
This principle is also reflected in Article 93 of Spain’s Data Protection Act (LOPDGDD), which reinforces thisright even when the original information remains lawful and available on the source website.
However, access to the content does not disappear entirely: the information can still be found on the original website or through other search criteria. What changes is that the search engine stops displaying it directly when someone searches for the affected person’s name; thereby reducing their public exposure and protecting their privacy.
This framework strikes a balance between data protection and freedom of information, requiring search engines to assess each case individually, considering factors such as the nature of the information, its age, and whether there is a genuine public interest in keeping it easily accessible.
Spain has a unique feature when it comes to erasing data. When a company is required to delete or rectify personal data, it may not always be able to do delete it immediately. Article 32 of the LOPDGDD establishes the obligation to block data.
What does this mean? Essentially, the data is “frozen”: it is identified and secured but cannot be processed or even viewed, except to comply with possible legal liabilities or requests from courts or the Spanish Data Protection Agency (AEPD).
Only once the relevant limitation period has expired can the data be permanently destroyed.
In other words, in Spain, deleting data does not always mean that it vanishes without trace; in many cases, it must first go through this intermediate “blocking” stage.
Because your digital identity shapes how others perceive you; from employers to clients. The right to erasure, together with Spain’s data-blocking mechanism, gives you a degree of control: not to rewrite history, but to prevent outdated or unnecessary data from continuing to circulate.
If you’re an individual seeking to have your personal data erased, we can guide you through the process to ensure your request is effective.
And if you’re a company that has received a deletion request but you’re unsure how to respond without breaching the law, we can help you too, by assessing your situation, applying the relevant legislation, and finding the right solution.
Contact us: whether you wish to exercise your right or need to comply with it, our experts are here to help.