Understanding Right to Erasure under DPDP

Sameer Ahirrao -

In the digital age, personal data is more than just information—it's a powerful asset that demands protection and control. Recognizing this, regulations worldwide have been introduced to empower individuals with greater control over their data. The Right to Be Forgotten (RTBF) under the General Data Protection Regulation (GDPR) and the Right to Erasure under India’s Data Protection Act, 2023 (DPDPA) are two critical rights designed to uphold data privacy.

While both concepts aim to give individuals the power to request the deletion of their personal data. However, implementing assured deletion across complex data ecosystems presents a formidable challenge for organizations. This is where Ardent Privacy steps in, offering cutting-edge solutions to ensure compliance with the Right to Erasure while maintaining operational efficiency and data integrity.

The Right to Erasure is a fundamental component of data protection laws like the Digital Personal Data Protection (DPDP) Act. It enables individuals (Data Principals) to request the deletion of their personal data from databases and systems when certain conditions are met. Right to Erasure is essential for ensuring privacy, enhancing user trust, and complying with legal requirements.

Right to Erasure and DPDP Provisions

Under the DPDP framework, the following provisions govern Right to Erasure:

1. Specified Purpose and Retention Period (Section 8):

  • Personal data must be erased once it is deemed that the specified purpose is no longer served.
  • Data Fiduciaries must notify Data Principals at least 48 hours before the completion of the data retention period. This notification serves as a reminder, allowing the Data Principal to either extend the purpose by logging into their account or exercising their rights over their data.
  • Data Fiduciaries must notify Data Principals at least 48 hours before the completion of the data retention period. This notification serves as a reminder, allowing the Data Principal to either extend the purpose by logging into their account or exercising their rights over their data.

2. Exercise of Rights (Section 12):

  • Data Principals can request access to their personal data or its erasure by reaching out to the respective Data Fiduciary.
  • Fiduciaries are mandated to provide clear means and processes for the Data Principal to exercise these rights, ensuring transparency and ease of use.

Business Benefits of Right to Erasure Implementation

  • Regulatory Compliance: It helps businesses avoid penalties and maintain a compliant status with industry regulations.
  • Customer Trust and Transparency: Proactively notifying Data Principals about data erasure timelines and offering clear mechanisms for exercising rights build trust and improve customer loyalty.
  • Risk Mitigation: Proper implementation of right to erasure reduces the likelihood of data breaches, legal disputes, and reputational harm.
  • Operational Efficiency: Automating retention policies and secure data deletion saves resources while aligning with legal requirements.
  • Verification with Data Sanitization Certificates: Businesses can demonstrate compliance and secure deletion with Data Sanitization Certificates, enhancing accountability.

TurtleShield's Assured Deletion (Right to Erasure) Module : Setting a New Standard

Our TurtleShield tool goes beyond compliance by offering an advanced and user-friendly assured deletion module. Here's how we stand out:

1. Retention-Based Policy Compliance:

  • Sends automated 48-hour notifications to Data Principals, ensuring they are informed about upcoming data erasure.
  • Automatically erases personal data as per predefined retention periods in line with Section 8 of DPDP.

2. Multiple-Pass Data Shredding:

  • Employs a secure, configurable multi-pass data deletion process to ensure data is completely irrecoverable.

3. Data Sanitization Certificates:

  • Provides a verifiable certificate confirming that personal data has been securely deleted, offering peace of mind and proof of compliance.

4. Customizable Retention Policies:

  • Supports a 3-year retention policy by default, as specified for industries like insurance and telecom (TRAI), but also allows custom configurations tailored to business needs.

5. Ease of Exercising Rights:

  • Ensures Data Principals can seamlessly access, manage, and erase their personal data through clear and accessible interfaces.

How TurtleShield Aligns with DPDP

TurtleShield simplifies compliance with DPDP’s Sections 8 and 12 by:

  • Proactively managing retention policies to ensure timely data erasure.
  • Automating user notifications for data retention deadlines.
  • Providing multiple channels for Data Principals to exercise their rights, including email, user accounts, and other digital presences.
  • Implementing irreversible data deletion methods that adhere to global security standards.

Conclusion

The implementation with TurtleShield Right to Erasure under DPDP is not just a legal compliance but a strategic move that benefits both businesses and their customers. With TurtleShield, organizations can ensure secure, transparent, and efficient data deletion processes while staying compliant with the latest data protection regulations.