Right to Erasure

Right to Erasure is a data protection right that allows individuals to request deletion of their personal data. HR professionals must understand this right to respond to employee and candidate requests correctly.

What is Right to Erasure

The Right to Erasure, often called the right to be forgotten, requires organizations to delete personal data when there is no lawful basis to keep it. In HR this covers records like recruitment files, contact details, and certain performance notes.

How Does it Work

Request and Assessment

When an employee or applicant asks for erasure, HR should verify identity, assess legal grounds for retention, and document decisions. Deletion may include removing data from active systems and marking backups for eventual purge.

Limits and Exceptions

Not all requests must be fulfilled. Employers can refuse if data is needed for legal claims, payroll, tax, or compliance obligations. HR must balance rights with statutory retention requirements.

Practical HR Use and Examples

Example: A former applicant asks to delete their CV; HR checks retention policy and deletes copies if no legal reason to keep them.

• Recruitment: Remove applicant data after consent withdrawal
• Payroll: Retain necessary pay records despite deletion requests
• Performance: Anonymize notes rather than delete when needed for legal defence

Related HR Concepts

Closely related terms include data retention, GDPR compliance, data subject rights, privacy impact assessment, and record management.