# Respondent has no right to erasure of personal data

- Type: News
- Source: IT en Recht
- Date: 2023-03-01
- Original: https://www.itenrecht.nl/artikelen/geintimeerde-heeft-geen-recht-op-wissing-van-persoonsgegevens#entry-3985
- Canonical: https://overview.legal/posts/6236
- Topics: Right to be Forgotten, Right to Erasure, Personal Data, Storage Limitation, Data Subject Rights Exercise Modalities and Procedures, Lawful Basis, Processing, Law Enforcement

## Summary

Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed by Veilig Thuis. The court ruled that Veilig Thuis's processing of the man's data was lawful under the Social Support Act (Wmo) and that the request for data deletion was therefore denied. Safe Home is not obliged to erase the man's personal data in order to comply with the legal obligation under Article 17(1)(e) AVG, b

## Full text

Hague Court of Appeal February 3, 2023, IT 4226; ECLI:NL:GHDHA:2023:306 (Veilig Thuis v. the respondent) In this case, a man requested the deletion of his personal data processed by Veilig Thuis. The court ruled that Veilig Thuis's processing of the man's data was lawful under the Social Support Act (Wmo) and that the request for data deletion was therefore denied. Safe Home is not obliged to erase the man's personal data in order to comply with the legal obligation under Article 17(1)(e) AVG, because the retention of the data may be of interest to the man's ex-partner. Moreover, the husband does not have a right to erasure under Article 17(1)(c) AVG because there are compelling legitimate grounds for processing the husband's personal data. Safe Home's appeal succeeds and the husband's does not. No costs order is imposed because Safe Home hhttps://www.itenrecht.nl/artikelen/geintimeerde-heeft-geen-recht-op-wissing-van-persoonsgegevens

## Cited law provisions (2)

### GDPR — gdpr-art-17-par-1-pnt-c-en

the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);

### GDPR — gdpr-art-17-par-1-pnt-e-en

the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

---
Generated by overview.legal · https://overview.legal/posts/6236 · 2026-08-22