Right to be forgotten

Does this apply to companies as well as individuals.

Didn't find your answer?

I understand that data protection entitles individuals to request their data be removed from organisations' records, subject to certain exemptions. 

Does the same apply to companies? We have had a letter today purporting to make such a request on behalf of a company. The person making the request has taken over the company, but we otherwise do not hold information on that individual. I can see how some of the information held would be covered by exemptions anyway (happy to see further discussion on what would be covered if people are that way inclined) but does such a request have any basis in law in the first place?

Replies (14)

Please login or register to join the discussion.

avatar
By paul.benny
19th Dec 2023 16:50

I vote no.

GDPR concerns the processing personal data of natural persons. And to the extent that you hold company data relating to natural persons, GDPR does not override statutory obligations to retain data (eg payroll data).

Thanks (1)
avatar
By paulwakefield1
19th Dec 2023 16:56

As TD would say, IANAL. But I agree with Paul and also vote no.

Thanks (1)
avatar
By David Ex
19th Dec 2023 17:05

Think it’s strictly a personal data issue:

https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/indi...

Did the request offer any statutory basis? (Guessing not!)

Thanks (2)
Replying to David Ex:
avatar
By FactChecker
19th Dec 2023 18:40

100% - all rights pertain to personal data/privacy, not those of a corporate body.

There may be other 'rights' of the commercial body but these will be determined by contracts and/or company law, not GDPR.

Thanks (3)
Replying to David Ex:
Stepurhan
By stepurhan
19th Dec 2023 21:40

David Ex wrote:

Did the request offer any statutory basis? (Guessing not!)

Just a general reference to "Data Privacy Laws", hence my suspicion it was not on the up and up.
Thanks (0)
avatar
By Leywood
19th Dec 2023 18:46
Thanks (2)
avatar
By Tax Dragon
19th Dec 2023 18:49

IANAL. But I agree with Paul x2 and also vote no.

Thanks (1)
Stepurhan
By stepurhan
19th Dec 2023 21:25

Thanks everyone for not only echoing my own thoughts, but including helpful links to confirm the position. Much appreciated.

Thanks (0)
avatar
By paulwakefield1
20th Dec 2023 09:20

Strange request. I wonder if he has asked CH as well. :-)

Thanks (1)
Replying to paulwakefield1:
Stepurhan
By stepurhan
20th Dec 2023 21:25

If they did, Companies House ignored them because there is definitely still stuff in the register.

That said, the letter to us had a ludicrously incorrect postcode, (props to the Post Office for eventually getting it to us regardless) so perhaps CH just haven't received the request yet.

Thanks (0)
avatar
By Yossarian
21st Dec 2023 09:05

The data privacy requests to my building society to 'forget' me and my outstanding mortgage balance have sadly fallen on deaf ears too.

Thanks (1)
Replying to Yossarian:
Stepurhan
By stepurhan
21st Dec 2023 11:26

Shocking!

Thanks (0)
Routemaster image
By tom123
21st Dec 2023 10:17

I would, however, take such a "person" off any mailing lists etc.

Thanks (1)
Replying to tom123:
Stepurhan
By stepurhan
21st Dec 2023 11:31

Sadly not relevant in the context, but I would do so like a shot.

Thanks (0)