Erasure of data and restriction of processing when the controller is a competent authority

In certain situations, the competent authority must erase data concerning you at its own initiative.

Personal data must be erased if

  • processing is not necessary for performance of a statutory duty by the competent authority
  • data is being processed contrary to its purpose
  • the data being processed is not appropriate or necessary with regard to the purpose of the processing
  • the data being processed is not accurate or updated in view of the purpose of the processing
  • specific categories of personal data are being processed contrary to their processing preconditions

In certain situations, the processing of personal data must be restricted instead of erasing the data. You have the right to demand restriction of the processing of the data if you contest the accuracy of the personal data and their accuracy or inaccuracy cannot be ascertained, or if the personal data must be maintained for the purpose of evidence.

In particular, processing of personal data must be restricted instead of erasing the data if, in special circumstances, there is justified reason to believe that erasure of the data would harm your legitimate interests. In such a case, restricted data may be processed only for the purpose that prevented their erasure.