4.5.2016
EN
Official Journal of the European Union
L 119/13
his or her consent as a child and is not fully aware of the risks involved by the processing, and later wants to
remove such personal data, especially on the internet. The data subject should be able to exercise that right
notwithstanding the fact that he or she is no longer a child. However, the further retention of the personal data
should be lawful where it is necessary, for exercising the right of freedom of expression and information, for
compliance with a legal obligation, for the performance of a task carried out in the public interest or in the
exercise of official authority vested in the controller, on the grounds of public interest in the area of public
health, for archiving purposes in the public interest, scientific or historical research purposes or statistical
purposes, or for the establishment, exercise or defence of legal claims.
(66)
To strengthen the right to be forgotten in the online environment, the right to erasure should also be extended in
such a way that a controller who has made the personal data public should be obliged to inform the controllers
which are processing such personal data to erase any links to, or copies or replications of those personal data. In
doing so, that controller should take reasonable steps, taking into account available technology and the means
available to the controller, including technical measures, to inform the controllers which are processing the
personal data of the data subject's request.
(67)
Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the
selected data to another processing system, making the selected personal data unavailable to users, or temporarily
removing published data from a website. In automated filing systems, the restriction of processing should in
principle be ensured by technical means in such a manner that the personal data are not subject to further
processing operations and cannot be changed. The fact that the processing of personal data is restricted should
be clearly indicated in the system.
(68)
To further strengthen the control over his or her own data, where the processing of personal data is carried out
by automated means, the data subject should also be allowed to receive personal data concerning him or her
which he or she has provided to a controller in a structured, commonly used, machine-readable and interoperable
format, and to transmit it to another controller. Data controllers should be encouraged to develop interoperable
formats that enable data portability. That right should apply where the data subject provided the personal data on
the basis of his or her consent or the processing is necessary for the performance of a contract. It should not
apply where processing is based on a legal ground other than consent or contract. By its very nature, that right
should not be exercised against controllers processing personal data in the exercise of their public duties. It
should therefore not apply where the processing of the personal data is necessary for compliance with a legal
obligation to which the controller is subject or for the performance of a task carried out in the public interest or
in the exercise of an official authority vested in the controller. The data subject's right to transmit or receive
personal data concerning him or her should not create an obligation for the controllers to adopt or maintain
processing systems which are technically compatible. Where, in a certain set of personal data, more than one
data subject is concerned, the right to receive the personal data should be without prejudice to the rights and
freedoms of other data subjects in accordance with this Regulation. Furthermore, that right should not prejudice
the right of the data subject to obtain the erasure of personal data and the limitations of that right as set out in
this Regulation and should, in particular, not imply the erasure of personal data concerning the data subject
which have been provided by him or her for the performance of a contract to the extent that and for as long as
the personal data are necessary for the performance of that contract. Where technically feasible, the data subject
should have the right to have the personal data transmitted directly from one controller to another.
(69)
Where personal data might lawfully be processed because processing is necessary for the performance of a task
carried out in the public interest or in the exercise of official authority vested in the controller, or on grounds of
the legitimate interests of a controller or a third party, a data subject should, nevertheless, be entitled to object to
the processing of any personal data relating to his or her particular situation. It should be for the controller to
demonstrate that its compelling legitimate interest overrides the interests or the fundamental rights and freedoms
of the data subject.
(70)
Where personal data are processed for the purposes of direct marketing, the data subject should have the right to
object to such processing, including profiling to the extent that it is related to such direct marketing, whether
with regard to initial or further processing, at any time and free of charge. That right should be explicitly brought
to the attention of the data subject and presented clearly and separately from any other information.