Article 17 of the UK General Data Protection Regulation ("UK GDPR") gives a victim the right to request erasure of personal data concerning them where one of the grounds listed in Article 17(1) is met. Whilst this right to erasure gives victims some redress from the harm experienced from malicious allegations, the Act creates a new ground in Article 17(1) of UK GDPR. This will create the right for certain victims, who are the data subject, to request deletion of personal data when (i) an allegation has been made by a person who has been convicted of a "relevant criminal offence" against the data subject, or the person is subject to a stalking protection order made to protect the data subject from a risk associated with stalking; and (ii) following an investigation by the data controller, it has been decided that no further action is to be taken in relation to the allegation.
	The Act sets out relevant offences of stalking and harassment across the UK jurisdictions. The Act provides that additional offences may be added to the list of relevant offences via regulations subject to the affirmative resolution procedure, should it be considered necessary in future.
	To ensure that where the data controller has an important reason to retain the data, the exemptions within Article 17(3) of the UK GDPR will still apply. This allows the data controller to refuse the request for a limited list of reasons. This includes where processing is necessary for compliance with a legal obligation or the performance of a task carried out in the public interest, which would capture refusal for safeguarding reasons. Data controllers must provide reasons for any refusal and inform data subjects of their right to complain to the Information Commissioners Office.
	Relevant sectoral guidance, including on child safeguarding, will be updated so data controllers understand how the new ground is intended to work. The Victims’ Code will also be amended so that victims are aware of their rights around data erasure.
Victim information requests for purposes of a criminal investigation etc. Third Party Harassment: Victims’ right to data erasure