[BNM] GDPR shenanigans

Michael Mulqueen michael at mulqueen.me.uk
Thu Aug 5 17:47:27 BST 2021


Hi Simon,

47(2) is in Part 3. Part 3 only applies to processing by law enforcement
(listed in Schedule 7
https://www.legislation.gov.uk/ukpga/2018/12/schedule/7#text%3D%282%29Where%2520the%2520controller%2520would%2Cpersonal%2520data%29%2520restrict%2520its%2520processing).
See the scope here https://www.legislation.gov.uk/ukpga/2018/12/section/29

You probably want section 3 of the UK GDPR, Brexit amendments pending, but
unamended text is here
https://www.legislation.gov.uk/eur/2016/679/chapter/III/section/3

A similar issue still exists but it's clearer. I read it as: If you have a
conflict of duties meaning that you can't delete, you must instead restrict
until you can delete. There's nothing speculative here about reversing
deletions, it's for exceptional cases where you can't retain for processing
but can't delete either.

I'm not a lawyer, take this with a large pinch of salt, just my lay
person's take on it.

Kind regards
Mike

On Thu, 5 Aug 2021, 14:36 Simon Early, <simon.early at gmail.com> wrote:

> listertians,
> Can anyone help me out on this question?
>
> GDPR - when you delete a record, must it be immutable and non-reversible? -
> deleted is deleted
> OR!
> If requested by a court (for example) should you be able to restore the
> data you have obfuscated? so, kinda not-quite-deleted
>
> Isnt the whole point of GDPR that it's permanently erased?
>
> confused!
>
> * section 47(2) of the Data Protection Act 2018...*
>
>
> https://www.legislation.gov.uk/ukpga/2018/12/section/47#:~:text=47Right%20to%20erasure%20or%20restriction%20of%20processing&text=(2)Where%20the%20controller%20would,personal%20data)%20restrict%20its%20processing
> .
>
> so we currently have 3 options for clients:
>
> 1. retain and send me a copy
> 2. delete and send me a copy
> 3. delete
>
> am I now to put in a 4th option of
>
> 4. delete it but make it reversible if requested by a court ie make it
> "un-processable"
>
> help!
>
> cheers,
> Simon
> ---
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