To ensure that Users are able to comply with any valid data subject request under GDPR Articles 16 - 18 (right to rectification, right to erasure (‘right to be forgotten’), and right to restrict processing), a new function entitled 'Delete claim’ has been introduced to the Claims Portal as part of Release 6.

A claim can now be deleted by either the Claimant Rep or the Compensator, at any stage and by either party.  Once deleted it will remain in the Portal for two weeks.  The exception is CNF drafts that can only be deleted by the Claimant Representative.

This function is intended to be used solely for GDPR purposes.  We anticipate that its use will be very rare and is likely to apply only in exceptional circumstances e.g. where a User has inadvertently sent a CNF containing incorrect information about the data subject and the data subject wishes to exercise their right to rectification.   As data processed in the Claims Portal will generally fall under the ‘legitimate interests’ basis for processing, we consider it unlikely that a valid request for erasure or to restrict processing could be made, although of course it is for Users to consider how to deal with any request they receive from data subjects in order to comply with their GDPR obligations.

The User guide has been updated click here. Usage of this new function will be closely monitored to ensure it is not misused.

Regards                                                                                               

Tim Wallis                                                           

Chair, Claims Portal Ltd                 

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