CNIL: The Right to Request the Deletion of Personal Data in an Online Press Article
The National Commission on Informatics and Liberty (CNIL) specifies the modalities for applying the right to erasure of personal data contained in an online press article, balanced with freedom of expression.
A person may request the deletion of their personal data appearing in a press article, but this right is not absolute and must be reconciled with freedom of expression and information. In the journalistic context, while the rights of information, access, rectification, and restriction may be set aside, the rights of objection and erasure remain applicable. The request can only target identifying data and not the deletion of the entire article. A press body may refuse the request if it demonstrates the existence of "legitimate and compelling grounds" or if the processing is "necessary for the exercise of the right to freedom of expression and information," in accordance with Article 21 and Article 17 of the GDPR.
The analysis of the request must be done on a case-by-case basis, weighing interests according to criteria established by the European Court of Human Rights (ECHR), such as the notoriety of the person, the current interest of the information, or the time elapsed. Any refusal by the press body must be concretely justified and cannot rely on general justifications. In case of acceptance, implementation consists of anonymizing the article by removing direct or indirect identification elements. The media must also inform other data controllers, notably search engines, of the erasure request of any link or copy, pursuant to Article 17 of the GDPR.
A person may request the deletion of their personal data appearing in a press article, but this right is not absolute and must be reconciled with freedom of expression and information. In the journalistic context, while the rights of information, access, rectification, and restriction may be set aside, the rights of objection and erasure remain applicable. The request can only target identifying data and not the deletion of the entire article. A press body may refuse the request if it demonstrates the existence of "legitimate and compelling grounds" or if the processing is "necessary for the exercise of the right to freedom of expression and information," in accordance with Article 21 and Article 17 of the GDPR.
The analysis of the request must be done on a case-by-case basis, weighing interests according to criteria established by the European Court of Human Rights (ECHR), such as the notoriety of the person, the current interest of the information, or the time elapsed. Any refusal by the press body must be concretely justified and cannot rely on general justifications. In case of acceptance, implementation consists of anonymizing the article by removing direct or indirect identification elements. The media must also inform other data controllers, notably search engines, of the erasure request of any link or copy, pursuant to Article 17 of the GDPR.
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