← NDPA 2023 · Data subject rights

s.34(1)(d)-(e) — Right to erasure and restriction

high data-subject-rightsdata-deletion

Requirement

A data subject may have personal data erased without undue delay where it is no longer necessary, consent has been withdrawn (s.35) or it was processed unlawfully, and may have processing restricted while a complaint or legal claim is resolved (s.34(1)(d)–(e)).

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
deletedeletionerasurerestrict
Required element 2 — any one of
requestwithdrawno longer necessaryprocedure
Supporting terms — specificity signals
section 34downstreambackupsconfirmexceptionlegal retentionconfirmation
Contradiction markers

Finding any of these outranks coverage — a policy that admits the gap is worse than silence.

cannot delete user data

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.17 Right to erasure (“right to be forgotten”) data-subject-rights data-deletion
CCPA/CPRA 1798.105 Right to delete data-subject-rights data-deletion
COPPA 312.6 Parents may review, delete and refuse further collection data-subject-rights data-deletion
GDPR Art.5(1)(e) Storage limitation data-deletion
GDPR Art.12 Transparent communication and handling of rights requests data-subject-rights
GDPR Art.15 Right of access data-subject-rights
GDPR Art.16 Right to rectification data-subject-rights
GDPR Art.18 Right to restriction of processing data-subject-rights