Data Protection Act 2018 s.47 – Right to erasure or restriction of processing

(1)The controller must erase personal data without undue delay where—

(a)the processing of the personal data would infringe section 35, 36(1) to (3), 37, 38(1), 39(1), 40, 41 or 42, or

(b)the controller has a legal obligation to erase the data.

(2)Where the controller would be required to erase personal data under subsection (1) but the personal data must be maintained for the purposes of evidence, the controller must (instead of erasing the personal data) restrict its processing.

(3)Where a data subject contests the accuracy of personal data (whether in making a request under this section or section 46 or in any other way), but it is not possible to ascertain whether it is accurate or not, the controller must restrict its processing.

(4)A data subject may request the controller to erase personal data or to restrict its processing (but the duties of the controller under this section apply whether or not such a request is made).

Definitions used in section 47 2

controller

(1) In this Part, “controller” means the competent authority which, alone or jointly with others—

(a)determines the purposes and means of the processing of personal data, or

(b)is the controller by virtue of subsection (2).

Defined in s.32(1) · see it in the full Act

the controller

(5) In this Chapter, “the controller”, in relation to a data subject, means the controller in relation to personal data relating to the data subject.

Defined in s.43(5) · see it in the full Act

Cases considering section 47 3

O, R (on the application of) v Chief Constable of Kent Police

[2024] EWHC 1678 (Admin) · 11 July 2024

Applies the erasure requirement to the unlawfully processed common-assault data. The court ordered deletion of references to common assault from the crime report.

El Gizouli, R (On the Application Of) v The Secretary of State for the Home Department

[2019] EWHC 60 (Admin) · 18 January 2019Interprets

The provision was described as imposing forward-looking duties to erase data or restrict processing where processing would breach specified principles. It did not require erasure of investigation material in this case (see paras [155]-[157]).

Muhammad Ibrahim v Ministry of Justice

[2024] EWHC 3521 (KB) · 18 April 2024

Section 47 was identified as a possible basis for the claimant’s requested erasure relief. The claim failed because the pleaded complaints did not establish the relevant form of inaccurate data and historic material was not required to be erased merely because it was old. (see paras [13], [18], [20]-[38])

What each judgment says about section 47 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I47S. 47 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)