Article 21
Right to object
(25) Whereas the principles of protection must be reflected, on the one hand, in the obligations imposed on persons, public authorities, enterprises, agencies or other bodies responsible for processing, in particular regarding data quality, technical security, notification to the supervisory authority, and the circumstances under which processing can be carried out, and, on the other hand, in the right conferred on individuals, the data on whom are the subject of processing, to be informed that processing is taking place, to consult the data, to request corrections and even to object to processing in certain circumstances;
Regulation
Art. 21 1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims. 2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. 3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. 4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. 5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications. 6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest. |
Directive
Art. 14 Member States shall grant the data subject the right: (a) at least in the cases referred to in Article 7 (e) and (f), to object at any time on compelling legitimate grounds relating to his particular situation to the processing of data relating to him, save where otherwise provided by national legislation. Where there is a justified objection, the processing instigated by the controller may no longer involve those data; (b) to object, on request and free of charge, to the processing of personal data relating to him which the controller anticipates being processed for the purposes of direct marketing, or to be informed before personal data are disclosed for the first time to third parties or used on their behalf for the purposes of direct marketing, and to be expressly offered the right to object free of charge to such disclosures or uses. Member States shall take the necessary measures to ensure that data subjects are aware of the existence of the right referred to in the first subparagraph of (b). |
Switzerland
DSG Art. 15 Rechtsansprüche DSG Art. 25 Ansprüche und Verfahren |
Romania
Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and completed Article 15: (1) The data subject has the right to object at any moment, based on justified and legitimate reasons linked to his particular situation, to a processing of data regarding him/her, unless there are contrary specific legal provisions. In case of justified opposition, the processing may no longer concern the respective data. (2) The data subject has the right to object at any moment, free of charge and without any justification, to the processing of the data concerning his/her person for direct marketing purposes on behalf of the controller or of a third party, or to be disclosed to a third party for such a purpose. (3) In order to exercise the rights stated under paragraphs (1) and (2), the data subject shall fill in and submit to the data controller a written, dated and signed petition. The petitioner may specify if he/she wishes to be informed at a specific address, which may also be an electronic mail address, or through a mail service that ensures confidentiality. (4) The data controller has the obligation to inform the data subject of the measures taken, based on the provisions of paragraph (1) or (2), as well as, as the case may be, the name of the third party to whom the data concerning the data subject were disclosed, within 15 days of the date of the petition’s arrival, in compliance with the petitioner’s option, according to paragraph (3).
Article 16: Exemptions (1) The provisions of Articles 12, 13, Article 14 paragraph (3) and Article 15 do not apply for such activities as mentioned in Article 2 paragraph (5), if their enforcement affects the efficiency of the action or the objective followed in order to fulfill the legal obligations of the public authority. (2) The provisions of paragraph (1) are applicable solely for the period of time necessary for the achievement of the goal intended by carrying out the activities mentioned in Article 2 paragraph (5). (3) As soon as the reasons that justified the enforcement of paragraphs (1) and (2) no longer exist, the controllers who perform the activities stated by Article 2 paragraph (5) shall take all necessary measures in order to ensure the compliance with the data subject’s rights. (4) Public authorities shall make a record of such cases and inform periodically the supervisory authority on the way these cases have been solved. |