THE RIGHT TO ERASURE OR BLOCKING
As the data subject, you have the right to request for the suspension, withdrawal, blocking, removal, or destruction of your personal data from the PIC’s filing system, in both live and backup systems.
When should I exercise my right to erasure or blocking?
You may exercise your right to erasure or block upon discovery and substantial proof of any of the following:
- The personal data is:
- incomplete, outdated, false, or unlawfully obtained;
- used for an unauthorized purpose;
- no longer necessary for the purpose/s for which they were collected; or
- concerns private information that is prejudicial to the data subject, unless justified by freedom of speech, of expression, or of the press, or otherwise authorized;
- The data subject objects to the processing, and there are no other applicable lawful criteria for processing;
- The processing is unlawful; or
- The PIC or PIP violated the rights of the data subject.
Can a PIC deny my request for erasure or blocking?
A PIC may deny your request for erasure or blocking, wholly or partly, when personal data is still necessary in any of the following instances:
- Fulfillment of the purpose/s for which the data was obtained;
- Compliance with a legal obligation which requires personal data processing;
- Establishment, exercise, or defense of any legal claim;
- Legitimate business purposes of the PIC, consistent with the applicable industry standard for personal data retention;
- To apprise the public on matters that have an overriding public interest or concern, taking into consideration the following factors:
- constitutionally guaranteed rights and freedoms of speech, of expression, or of the press;
- whether or not the personal data pertains to a data subject who is a public figure; and
- other analogous considerations where personal data are processed in circumstances where data subjects can reasonably expect further processing.
6. As may be provided by any existing law, rules, and regulations
Can my personal data publicly available be subject of request for erasure?
Yes, personal data that is publicly available, i.e. online, may be subject of request for erasure. The PIC shall communicate with other PICs, including third party indexes, and request them to erase copies or remove or de-list search results or links to your pertinent personal data.
