Hi pingpong,
I suspect the push-back may come from the following section of the link you've provided:
"When does the right to erasure not apply?
The right to erasure does not apply if processing is necessary for one of the following reasons:
- To comply with a legal obligation;
- For the performance of a task carried out in the public interest or in the exercise of official authority;
- For archiving purposes in the public interest, scientific research historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing"
Worth bearing in mind that if you cannot demonstrate a right of erasure, you may be able to insist that your entry is anonymised instead.
That's what I am anticipating and my argument would be that the legal obligation no longer exists (for new cases at least), and a personal insolvency such as a PTD is of no public interest (for example banned directors, criminal record, sex offenders register).
I will request a redacted entry but I think I will have to go through the ICO for them to make a determination first.
Just an update, the level 2 escalation has not been objected yet, they have now raised the complaint with the National Archive, once the have made a decision they will be in contact.
They have 30 days to respond under the GDPR
It will be interesting to know the outcome in this matter. Please keep us all updated.
Sharon is no longer posting in the forum.
Did you get anywhere with this pingpong ?
Hi has anyone got anywhere with this?
Yeah.... I got nowhere so far.
Seeing this reminded me to appeal the ICO response. It appears though from their response, that is enough people make a complaint they will review for if a court rules on it. I think that would be the next step but I am not going to go to court over it.
The stated "The National Archive and looking at the legislation was in effect at the time of the publication your bankruptcy notice and as the bankruptcy was a statement of fact at the time of publication"
It's not clear that the 2018 DPA and GDPR can be applied retrospectively in such cases. You can however, get it removed if you can proved that this information is causing you personal endangerment or mental health issues.
Thanks for your help
I will lay the mental health issues on thick and if I need to get a doctor's letter I might just do that. I am now seriously stressing out about this can't believe it's around forever! But criminal convictions fall off!
I think it’s very unfortunate that something like this remains on the Edinburgh Gazette website long after a Trust Deed or Sequestration has been completed and can understand everyone’s frustrations.
Is there something in particular that you are worried about confuseduser about the details remaining or just the fact that they are on there?
If you do decide to complain and take the matter further please let us know how you get on.
David is not currently posting in the Trust-Deed.co.uk forum