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- The deletion concept regulates the systematic deletion of personal data in accordance with the GDPR and the BDSG-new.
- Based on the DIN 66398 standard to develop a structured deletion concept and guarantee the right to be forgotten.
- Implementation is a legal obligation for companies and organizations and is not optional.
- Requires a precise procedure for the collection, categorization and deletion of personal data.
- The GDPR stipulates requirements such as data minimization and irreversible erasure in various articles.
- Technical challenges posed by digital systems and new technologies, including blockchain and artificial intelligence, are significant.
- Regular reviews and updates of the deletion concept are necessary in order to meet changing legal requirements.
Legal definition and context of origin
The erasure concept is a central instrument of data protection law that regulates the systematic erasure of personal data. Legally anchored in the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG-new), it serves to implement the right to be forgotten. The DIN 66398 standard provides a guideline for developing a structured erasure concept. Historically, the approach developed with the first Federal Data Protection Act of 1977. The concept aims to store personal data only for as long as is necessary for the original processing purpose. It creates a systematic framework for compliance with data protection principles such as data minimization and storage limitation. The implementation of a deletion concept is not a voluntary measure, but a legal obligation for companies and organizations.
Core elements and structuring
A comprehensive erasure concept consists of several key components. The basis is the recording of all data types in the record of processing activities. Deletion classes summarize data types with similar retention periods. Specific deletion rules are defined for each deletion class, which determine the time and method of deletion. The start time of the deletion period is determined precisely, taking into account statutory and contractual retention periods. The implementation rules specify the deletion taking into account the technologies used. Responsibilities are clearly defined to ensure the implementation of the deletion concept. The documentation of deletion processes is an essential component of verifiability.
Legal basis and requirements
The GDPR defines the requirements for a deletion concept in several articles. Article 5 requires data minimization and storage limitation. Article 6 regulates the legal basis for data processing. Article 17 standardizes the right to be forgotten, which enables data subjects to have their data erased. Article 18 allows the suspension of erasure under certain conditions. The erasure concept must offer flexible mechanisms to meet these legal requirements. It must take into account both statutory retention periods and individual deletion requests. Erasure must be permanent and irreversible.
Technical implementation and challenges
The practical implementation of an erasure concept requires technical and organizational measures. Digital systems must be configured in such a way that automated erasure processes are possible. Blockchain technologies and decentralized storage systems pose particular challenges. Companies must develop erasure mechanisms for analog and digital data sets. Deletion must be guaranteed for both structured and unstructured data. Backup systems and archiving solutions must be included in the erasure concept.
Practical implementation
The creation of a deletion concept takes place in several steps. First, all data is recorded and categorized. Legal and contractual retention periods are determined. Deletion classes are formed and deletion rules are defined. Responsibilities are determined. A logging system is implemented to document the deletion processes. Regular reviews and updates of the deletion concept are required.
Future prospects
Digital technologies and new forms of data processing require the continuous further development of erasure concepts. Artificial intelligence and automated systems will increasingly optimize erasure processes. Legal requirements will continue to become more differentiated. Companies must develop flexible and technology-agnostic erasure concepts.
