The Right to Erasure in Practice

Abstract

Abstract This final chapter takes a practical approach, looking at challenges to accommodating the right to erasure and how to resolve them. Indeed, assuming the right to erasure applies (see Part I), and that a fair balance can be drawn (see Part II), the right still needs to be operationalized on the ground. This chapter roughly has two main parts. The first one identifies and evaluates the key hurdles to operationalizing data subject empowerment in the information society services context. This is done by pinpointing complexities, describing the results of empirical research testing data subject rights, and a critical appraisal of potential abuses of the right to erasure. It is concluded that in practice, the right to object will often be much more realistic and effective in empowering data subjects. Secondly, the chapter lists the key requirements for effective data subject empowerment. It does so by building on all the previous chapters and the practical evaluation in the previous section. Effectuating data empowerment—and the fundamental right to data protection (Art 8 Charter)—does not solely hinge on the GDPR, but requires a holistic approach considering other legal frameworks as well. Technical tools and reshuffled incentive structures for dominant market players will also prove fundamental in rendering data empowerment effective.