Agencia española de protección de datos

Right of cancellation

The right of cancellation is one of the rights that the organic law on the protection of personal data (LOPD) recognizes citizens so that they can defend their privacy controlling for itself the use of their personal data, and in particular, the right to their delete where they are inappropriate or excessive.

Its realization is personalísimo, so only may apply the person concerned, who should address the firm or public body which it knows or has assumed that their data, signaling what data, and providing the documentation to justify this.

Responsible for the file must rule on the application for cancellation within 10 days from the receipt of the request. It should do so though not the data concerned. After the deadline without explicitly the request or This is unsatisfactory, the person concerned may file the corresponding claim de tutela before this agency, accompanying evidence of having requested cancellation to the entity concerned.

The cancellation will lead to the blockade of data, available only to be retained of public administrations, judges and courts, for the care of the possible liability of treatment, born during the term of limitation of these, after which should be. cancellation

Remember that cancellation shall not proceed when personal data must be kept for the periods specified in the contractual relations between the entity controller and the individual that justified the treatment of data, and also that, before approaching this agency, shall do so before the undertaking or responsible body / holder of file where they are their data.

Models for the exercise of the right of cancellation (reported steady)

- Exercise before responsible for the file

- Application AEPD tutela before the

- Instructions for the completion of forms