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EU: CJEU publishes opinion of Advocate General on a data subject erasure request

On May 30, 2024, the Court of Justice of the European Union (CJEU) published the Advocate General's opinion in Case C-200/23 regarding the right to the erasure of personal data.

Background

The Advocate General highlighted that the case concerns the request for a preliminary ruling by the Supreme Administrative Court of Bulgaria on a data subject erasure request.

Opinion of the Advocate General

In particular, the Advocate General outlined that Articles 17 and 23(1) of the General Data Protection Regulation (GDPR) must be interpreted as precluding national legislation or a national practice that makes the right of a natural person to obtain, from the authority responsible for keeping the commercial register of a Member State, the erasure of the personal data concerning them in acts made available to the public in such register. Further, the Advocate General provided that in its capacity as controller, an authority cannot be exempted from its obligation to grant an erasure request without undue delay on the sole ground that it has not received communication of such a copy.

You can read the opinion here.