# GDPR Article 17 — Right to erasure ("right to be forgotten")

> When a data subject can require erasure, what exceptions apply (free expression, public interest, legal claims, archiving for research), and how it interacts with public publication.

Citation: *Regulation (EU) 2016/679*  
Last reconciled with canonical source: 2026-04-25  
Canonical: https://eur-lex.europa.eu/eli/reg/2016/679/oj  
Source: https://consenttheater.org/law/gdpr/art-17/

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## In plain language

You can ask a controller to delete personal data about you. The controller has to comply **without undue delay** if any of the listed grounds apply — for example, the data is no longer needed, you withdrew consent, you objected to processing, or the data was processed unlawfully.

But **erasure is not absolute**. Article 17(3) lists exceptions where the right does not apply, including:

- Freedom of expression and information.
- Compliance with a legal obligation.
- Public interest in the area of public health.
- **Archiving in the public interest, scientific or historical research, or statistical purposes** — provided the appropriate safeguards under [Article 89(1)](/law/gdpr/art-89/) are in place.
- Establishment, exercise or defence of legal claims.

The research / archiving exception is the one that allows the Internet Archive, academic GDPR-research datasets, and the planned ConsentTheater snapshots dataset to maintain historical records even when an erasure request would otherwise apply. It is conditional, not unlimited — see Article 89.

**UK:** Article 17 of the [UK GDPR](/law/uk-gdpr-and-pecr/) mirrors the EU text — same grounds, same exceptions including 17(3)(d) for archiving and research. The ICO publishes plain-language guidance on the right.

## How we use this on consenttheater.org

- The website's [privacy policy](/privacy/) describes how we handle the limited request metadata our infrastructure provider sees.
- For the planned snapshots dataset (see the [server repository](https://github.com/ConsentTheater/server)), Article 17(3)(d) and Article 89(1) are the legal anchor for keeping historical observations in append-only git history while still honouring legitimate takedown requests for active scanning.

## Original text

Reproduced verbatim from *Regulation (EU) 2016/679*, published by the Publications Office of the European Union on [eur-lex.europa.eu](https://eur-lex.europa.eu/eli/reg/2016/679/oj). The official source is authoritative; this rendering is a navigation convenience.

> **1.** The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
>
> **(a)** the personal 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 point (a) of Article 9(2), and where there is no other legal ground for the processing;
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> **(c)** the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
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> **(d)** the personal data have been unlawfully processed;
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> **(e)** the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
>
> **(f)** the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
>
> **2.** Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
>
> **3.** Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
>
> **(a)** for exercising the right of freedom of expression and information;
>
> **(b)** for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
>
> **(c)** for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
>
> **(d)** for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
>
> **(e)** for the establishment, exercise or defence of legal claims.

Prefer the canonical version? [Open this article on eur-lex.europa.eu →](https://eur-lex.europa.eu/eli/reg/2016/679/oj)

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## Reproduction notice

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