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 |
Spain
Article 17.- Objection, access, rectification or cancellation procedure.- Organic Law 15/1999 on the protection of personal Data.- 1. The procedures for exercising the right of objection, access, rectification and cancellation shall be established by regulation. 2. No consideration shall be demanded for the exercise of the rights of objection, access, rectification or cancellation Article 34.- Right to Object.- Royal Decree 1720/2007 Implementing Organic Law 15/1999.- The right to object is the right of the data subject that processing of his personal data be not carried out or be ceased in the following situations: a) When his consent to the processing is not necessary, as a result of a legitimate and grounded reason, referring to his specific personal situation, which justifies it, unless otherwise provided by law. b) When the purpose of the regarding files is to carry out advertising and commercial research activities, under the terms provided in Article 51 hereof, whatever the company responsible for its creation. c) When the purpose of the processing is to make a decision regarding the data subject and is solely based on the automated processing of his personal data, under the terms provided in Article 36 hereof. Article 35.- Exercising the Right to Object.- Royal Decree 1720/2007 Implementing Organic Law 15/1999.- 1. The right to object shall be exercised through a request addressed to the data controller. When the objection is based on letter a) of the previous Article, the request shall record the grounded and legitimate reasons, relating to a specific personal situation of the data subject, that justifies the exercise of this right. 2. The data controller shall settle the request for objection within ten days starting from receipt of the request. On the expiry of this time limit if the request has not been expressly answered, the data subject may file a claim as provided in Article 18 of Organic Law 15/1999, of 13 December. Should the data controller not hold data subject’s personal data, he shall equally communicate this within the same period of time. 3. The data controller shall exclude from the processing the data relating to the data subject who exercises his right to object, or shall deny the request of the data subject, with justification, within the period provided in subsection 2 of this Article. Article 36.- Right to Object to decisions based solely on automated data precessing.- Royal Decree 1720/2007 Implementing Organic Law 15/1999.- 1. Data subjects have the right not to be subject to a decision which produces legal effects concerning them or significantly affects them, and wich is based solely on an automated processing of data intended to evaluate certain aspects relating to them, such as their performance at work, creditworthiness, reliability or conduct. 2. The aforesaid notwithstanding, data subjects may be subject to one of the decisions contemplated in subsection 1 when such a decision: a) is made within the framework of the execution or implementation of a contract at the request of the data subject, whenever he is afforded the possibility of providing arguments that he may deem to be relevant, for the purpose of defending his right or interest. In any case, the data controller shall previously inform the data subject, clearly and precisely, that decisions shall be made with the characteristics highlighted in subsection 1 and shall erase the data in the event the contract is not entered into. b) Is authorised by a regulation having the force of Law that establishes measures that guarantee the legitimate interest of the data subject.
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