118 No. 3 of
Right to
erasure
2021]
Data Protection
60. (1) The data subject has the right to erasure of personal
data of that data subject as soon as practicable and the data
controller shall have the obligation to erase personal data without
undue delay where the—
(a) personal data is no longer necessary in relation to the
purposes for which it was collected or otherwise
processed;
(b) data subject, or a person holding parental responsibility,
where the data subject is a child, withdraws consent
and there is no other legal ground for the processing;
(c) data subject objects to the processing and there are no
overriding legitimate grounds for the processing, or the
data subject objects to the processing unless the data
controller is otherwise permitted by the provisions of
this Act;
(d) personal data has been unlawfully processed; or
(e) personal data has to be erased for compliance with a
legal obligation in the Republic to which the data
controller is subject.
(2) A data controller shall, where the data controller has made
the personal data public, take all reasonable steps to inform a data
processor and third party processing that data by virtue of that
publication, that the data subject has requested the erasure of any
links to, or copy or replication of, that personal data.
Right of
objection
61. (1) Subject to this Act, a data subject may object, to
processing of that data subject’s personal data.
(2) A data controller shall not, where a data subject objects to
the processing of that data subject’s personal data, process the
personal data objected to under subsection (1) unless the data
controller is permitted by the provisions of any other written law.
(3) A data subject may, where personal data is processed for
direct marketing purposes, object to processing of that data subject’s
personal data.
(4) Where a data subject objects to the processing of personal
data for direct marketing purposes, the personal data shall no longer
be processed for that purpose but may be processed for any other
lawful purpose.
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