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Information for the interested party on data protection

4.5. Right to object

According to article 21 of Regulation (EU) 2016/679 .

“Right to object”

  1. The interested party shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her based on Article 6, paragraph 1, letter e) or (f), including profiling based on those provisions. The controller will no longer process the personal data unless it provides proof of legitimate grounds for the processing the data that prevail over the interests, rights and liberties of the data subject, or the preparation, exercise or defence of claims.
  2. When data processing is intended for direct marketing, the data subject will have the right to object at any time to it, including profiling, where related to such marketing.
  3. When the data subject objects to the processing for direct marketing purposes, the personal data will no longer be processed to such end.
  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 mentioned to 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 in accordance with Article 89(1), the data subject shall have the right, on grounds relating to his or her particular situation, 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.”

Additionally, Article 22 of Regulation (EU) 2016/679 recognizes a variety of right to object in relation to automated individual decisions, including profiling, indicating

  1. All data subjects will have the right to not be subject to a decision based solely on automated processing, including profiling, which has legal effects on them or significantly affects them.
  1. 4.5.1. Who can exercise it?
  2. 4.5.2. How can you answer me and what should I get?
  3. 4.5.3. Procedure to exercise it
  4. 4.5.4. Exceptions