12/10/2019
CURIA - Documents
2.
Paragraph 1 shall not apply if one of the following applies:
(a)
the data subject has given explicit consent to the processing of those personal data for one or
more specified purposes, except where Union or Member State law provide that the prohibition
referred to in paragraph 1 may not be lifted by the data subject;
…
(e)
processing relates to personal data which are manifestly made public by the data subject;
…
(g)
processing is necessary for reasons of substantial public interest, on the basis of Union or
Member State law which shall be proportionate to the aim pursued, respect the essence of the
right to data protection and provide for suitable and specific measures to safeguard the
fundamental rights and the interests of the data subject;
…’
18
Article 10 of Regulation 2016/679, headed ‘Processing of personal data relating to criminal
convictions and offences’, provides:
‘Processing of personal data relating to criminal convictions and offences or related security measures
based on Article 6(1) shall be carried out only under the control of official authority or when the
processing is authorised by Union or Member State law providing for appropriate safeguards for the
rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept
only under the control of official authority.’
19
Article 17 of Regulation 2016/679, headed ‘Right to erasure (“right to be forgotten”)’, reads as
follows:
‘1.
The data subject shall have the right to obtain from the controller the erasure of personal data
concerning him or her without undue delay and the controller shall have the obligation to erase personal
data without undue delay where one of the following grounds applies:
(a)
the personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed;
(b)
the data subject withdraws consent on which the processing is based according to point (a) of
Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the
processing;
(c)
the data subject objects to the processing pursuant to Article 21(1) and there are no overriding
legitimate grounds for the processing, or the data subject objects to the processing pursuant to
Article 21(2);
(d)
the personal data have been unlawfully processed;
(e)
the personal data have to be erased for compliance with a legal obligation in Union or Member
State law to which the controller is subject;
(f)
the personal data have been collected in relation to the offer of information society services
referred to in Article 8(1).
2.
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to
erase the personal data, the controller, taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical measures, to inform controllers which
are processing the personal data that the data subject has requested the erasure by such controllers of
any links to, or copy or replication of, those personal data.
curia.europa.eu/juris/document/document_print.jsf?docid=218106&text=&dir=&doclang=EN&part=1&occ=first&mode=DOC&pageIndex=0&cid=2571804
7/19
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