2.5 “Right to Be Forgotten”
Principle of interested-person access in the UN Guidelines: Everyone who offers
proof of identity has the right to have appropriate rectifications or erasures made in
the case of unlawful, unnecessary or inaccurate entries. The cost of any rectification
shall be borne by the person responsible for the file.
The CoE Privacy Framework lists in its article 9 the rights of the data subject.
Article 9 section 1 e) states: “Every individual shall have a right: (. . .) e) to obtain, on
request, free of charge and without excessive delay, rectification and erasure, as the
case may be, of such data if these are being, or have been processed contrary to the
provisions of this Convention.”
APEC Guidelines: “21. Personal information should be accurate, complete and
kept up-to-date to the extent necessary for the purposes of use”. There is a possibility
for the individuals to have the information “rectified, completed, amended or
deleted” in “23. c)”. An exception to this is given in “24.”.
Article 26 of the ECOWAS Privacy Framework addresses the principle of
accuracy: “Personal data obtained shall be accurate and, where necessary, kept up
to date. All reasonable measures shall be undertaken to ensure that data that is
inaccurate and incomplete in relation to the purposes for which it is obtained and
further processed shall be erased or rectified.”
2.6 Additional or Specific Obligations
Only the UN Guidelines cover the principle of accuracy: Persons responsible for the
compilation of files or those responsible for keeping them have an obligation to
conduct regular checks on the accuracy and relevance of the data recorded and to
ensure that they are kept as complete as possible in order to avoid errors of omission
and that they are kept up to date regularly or when the information contained in a file
is used, as long as they are being processed.
2.7 Information Duties
The CoE Privacy Framework contains a special provision about data security in
article 7:
1. Each Party shall provide that the controller, and, where applicable the processor, takes
appropriate security measures against risks such as accidental or unauthorized access to,
destruction, loss, use modification or disclosure of personal data.
2. Each Party shall provide that the controller notifies, without delay, at least the competent
supervisory authority within the meaning of Article 15 of this Convention, of those data
breaches which may seriously interfere with the rights and fundamental freedoms of data
subjects.
534
T. Hoeren
Principle of interested-person access in the UN Guidelines: Everyone who offers
proof of identity has the right to have appropriate rectifications or erasures made in
the case of unlawful, unnecessary or inaccurate entries. The cost of any rectification
shall be borne by the person responsible for the file.
The CoE Privacy Framework lists in its article 9 the rights of the data subject.
Article 9 section 1 e) states: “Every individual shall have a right: (. . .) e) to obtain, on
request, free of charge and without excessive delay, rectification and erasure, as the
case may be, of such data if these are being, or have been processed contrary to the
provisions of this Convention.”
APEC Guidelines: “21. Personal information should be accurate, complete and
kept up-to-date to the extent necessary for the purposes of use”. There is a possibility
for the individuals to have the information “rectified, completed, amended or
deleted” in “23. c)”. An exception to this is given in “24.”.
Article 26 of the ECOWAS Privacy Framework addresses the principle of
accuracy: “Personal data obtained shall be accurate and, where necessary, kept up
to date. All reasonable measures shall be undertaken to ensure that data that is
inaccurate and incomplete in relation to the purposes for which it is obtained and
further processed shall be erased or rectified.”
2.6 Additional or Specific Obligations
Only the UN Guidelines cover the principle of accuracy: Persons responsible for the
compilation of files or those responsible for keeping them have an obligation to
conduct regular checks on the accuracy and relevance of the data recorded and to
ensure that they are kept as complete as possible in order to avoid errors of omission
and that they are kept up to date regularly or when the information contained in a file
is used, as long as they are being processed.
2.7 Information Duties
The CoE Privacy Framework contains a special provision about data security in
article 7:
1. Each Party shall provide that the controller, and, where applicable the processor, takes
appropriate security measures against risks such as accidental or unauthorized access to,
destruction, loss, use modification or disclosure of personal data.
2. Each Party shall provide that the controller notifies, without delay, at least the competent
supervisory authority within the meaning of Article 15 of this Convention, of those data
breaches which may seriously interfere with the rights and fundamental freedoms of data
subjects.
534
T. Hoeren