This is the entitlement of an individual to request that the UOC exclude from processing all or part of his or her personal data when they are inaccurate, inappropriate or excessive, or when their processing does not comply with the LOPD. Likewise, the subject may request cancellation without the previous grounds.
Cancellation will take the form of the blocking of the data, keeping them available only to the public administrations, judges and courts for the purposes of determining any liability arising during the period of proscription. Once this period has elapsed the data is erased.
The cancellation request should indicate which data are referred to, providing proof justifying the request.
Documentation that must be provided?
- Proof of identity of the data subject (ID card, passport or equivalent). A photocopy should be enclosed.
- If the request is made through a representative, proof of such legal or voluntary representation should also be provided.
- Documentary proof.
The UOC will issue a decision on the cancellation request within a maximum of ten (10) days as of the date of reception of the request. After this time, if no response to the cancellation request has been received, the subject may file a claim with the Catalan Data Protection Agency.
Should the UOC not have the subject's personal data, it will inform the subject of this within ten (10) days.
Should the cancelled data have been previously ceded, the UOC will communicate the amendment to the transferee, within an identical period of time, so that the transferee may cancel the data, within ten (10) days of reception of the communication.
The UOC may deny cancellation of personal data in the following cases:
- When the data must be stored for periods established by law or in the case of a contractual relationship;
- When this is contemplated by a Law or Community law regulation that is directly applicable, or when such regulation prevents the UOC from revealing to subjects the processing of the data to which the access refers.
In any case, the UOC will inform the subject of its right to exercise tutelage before the Catalan Data Protection Agency.