EDPB Identifies Key Roadblocks to GDPR Right to Erasure Implementation

The European Data Protection Board (EDPB) has released a landmark report detailing significant barriers preventing effective implementation of Article 17 of the General Data Protection Regulation (GDPR), known as the right to erasure or 'right to be forgotten.' This analysis, based on extensive consultation with EU supervisory authorities, identifies critical pain points that continue to hinder individuals' ability to exercise this fundamental privacy right nearly six years after GDPR's implementation.

Organizations face three primary categories of challenges according to the EDPB findings. Technically, many systems lack adequate data mapping capabilities, making it difficult to locate all instances of personal data across complex infrastructures including backups, archives, and third-party systems. The prevalence of unstructured data storage and inadequate API support further complicates deletion processes.

Organizationally, the report highlights insufficient internal procedures for handling erasure requests, particularly regarding verification processes and staff training. Many companies fail to establish clear workflows between departments, resulting in inconsistent response handling. Additionally, organizations struggle to reconcile erasure requests with competing legal obligations like financial record retention requirements under anti-money laundering laws.

Legally, controllers face interpretation challenges around exemptions under Article 17(3), especially concerning freedom of expression and public interest exceptions. The report notes particular difficulty in applying these exemptions consistently across different contexts.

For compliance officers, the EDPB provides concrete recommendations:

1. Implement comprehensive data inventory systems with end-to-end data lineage tracking
2. Develop automated erasure workflows integrated with backup and archiving systems
3. Establish clear internal protocols for request verification and inter-departmental coordination
4. Document refusal rationales when invoking Article 17(3) exemptions
5. Conduct regular staff training on erasure request handling procedures

The board emphasizes that these challenges require immediate attention, noting that supervisory authorities will increasingly scrutinize erasure request handling during investigations. Organizations should prioritize technical upgrades to deletion mechanisms and review data retention architectures to ensure GDPR compliance.

This report serves as both a compliance roadmap and warning, signaling that regulators expect tangible improvements in erasure request handling. The full analysis is available on the EDPB's official website for detailed guidance on implementing effective erasure procedures.