Request for the exercise of the right to remove personal data

What does it allow?

Request for totally or partially removing the data under below circumstances:

  • The data is not longer necessary regarding the aim for which they were recorded. 
  • If the procedure is based exclusively on the person’s consent, for its removal. 
  • For the oppose to it due to reasons related to the person’s individual situation when the treatment is realized by the fulfilment of a mission carried out on public interest or in the exercise of BASE – Gestió d’ingressos (Income Management) * public authority.
  • The personal data has been illegally usurped. 
  • If there is a EU legal obligation which orders the data removal.

The right of removal is regulated by the articles 12 and 17 of the European general regulation 2016/679 of the 27th April, of data protection.

Following exceptions to the exercise of right to be considered:

  • For the compliance of a BASE – Gestió d’ingressos legal obligation that requires this treatment or for the accomplishment of a task performed on a public interest basis or on the public exercise.
  • If the treatment has archival purposes on public interest, statistical, historic or scientific investigation purposes as long as the removal of data could make it impossible or hindering it.
  • For the formulation, exercise or defence of claims.
  • If there is a legal prohibition. 
  • If there is a risk of the State Defence. 
  • If the public security must be ensured. 
  • If the rights and freedoms of third parties must be protected. 
  • If there is a police intervention.
  • If the tax obligation must be fulfilled.
  • If the public finance inspects the affected party.
  • If there are legal deadlines of data retention.
  • If there is contractual relation between the data holder and the data controller.

Who can apply?

The same data subject, properly identified, or a representative, also identified, in the following cases: under the age of 14 years old, over the age of 14 if the Law requires it, disabled people or by individual decision.

When to request it?

At any time.

Documentation to be provided

  • Application form of request for the exercise of the right to remove personal data.

How to request it?

To start the process application you must fill in the application form and electronically process it, in person or by any other method established by the Law 39/2015, of 1st of October, of administrative procedure common at public administrations. 

  • Electronically: access at application form, and fill it in according to the instructions.
  • In person: fill in the application form *, print it and present it at the help desks in terms of Register of BASE- Gestió d’Ingressos (Income Management).

Application form

Request period to respond

As from the application form reception, there is a one-month period to answer, whether the data is available or not. Before the period finishes, the request period could be extended two months more if necessary, considering the complexity and amount of requests, providing the person concerned with the reason of extension.

If, after that time, there is no answer or you do not agree with it, you can address to  s.dpd@base.cat where the person in charge of data protection will solve your doubts or concerns. Even if we believe you can solve your doubts this way, if you consider it appropriate, you can file a complaint to the Autoritat Catalana de Protecció de Dades (APDCAT) through their website: http://apdcat.gencat.cat/ca/drets_i_obligacions/reclamar_i_denunciar/

Does it have any cost?

It does not have any cost. Nevertheless, in the case of excessive or unfounded requests, especially due to being repetitive, a reasonable price could be charged or acting according to the request could be refused (art. 12.5 RGPD).

 

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