Wednesday, April 18, 2012

Of The EU Right To Erasure. . . Of Prior Collected Data

As a follow-up to my last post, I'll note that -- as written -- the new law would require that Mattersight remove the data from its database as to each EU member-state citizen who revokes his/her consent to be included -- and Mattersight likely must do so, retroactively.

That is, the EU member-state citizen may ask for his or her data to be forgotten, and cleansed from the databases. That, in turn, would be the likely death-knell for the data that Mattersight has already processed -- and sold to client(s).

See Article 17:

. . .Article 17 Right to be forgotten and to erasure

1. The data subject shall have the right to obtain from the controller the erasure of personal data relating to them and the abstention from further dissemination of such data, especially in relation to personal data which are made available by the data subject while he or she was a child, where one of the following grounds applies:

(a) the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or when the storage period consented to has expired, and where there is no other legal ground for the processing of the data;

(c) the data subject objects to the processing of personal data pursuant to Article 19. . . .


So, as I say, I doubt Mattersight will be able to do much on the continent if this law stands as written.

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