Rina Steenkamp - Privacy and technology
Chapter III Rights of the data subject
Section 4 Right to object and profiling
1. The data subject shall have the right to object at any time to the processing of personal data which is based on points (d) and (e) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
2. Where the processing of personal data is based on point (f) of Article 6(1), the data subject shall have at any time and without any further justification, the right to object free of charge in general or for any particular purpose to the processing of their personal data.
2a. The right referred to in paragraph 2 shall be explicitly offered to the data subject in an intelligible manner and form, using clear and plain language, in particular if addressed specifically to a child, and shall be clearly distinguishable from other information.
2b. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the right to object may be exercised by automated means using a technical standard which allows the data subject to clearly express his or her wishes.
3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned for the purposes determined in the objection.
[Source: October 2013]
(56) In cases where personal data might lawfully be processed to protect the vital interests of the data subject, or on grounds of public interest, official authority or the legitimate interests of a controller, any data subject should nevertheless be entitled to object to the processing of any data relating to them, free of charge and in a manner that can be easily and effectively invoked. The burden of proof should be on the controller to demonstrate that their legitimate interests may override the interests or the fundamental rights and freedoms of the data subject.
(57) Where the data subject has the right to object to the processing the controller should explicitly offer it to the data subject in an intelligible manner and form, using clear and plain language and should clearly distinguish it from other information.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 19 provides for the data subject's rights to object. It is based on Article 14 of Directive 95/46/EC, with some modifications, including as regards the burden of proof and its application to direct marketing.
[Source: January 2012 | Context: Proposal from the European Commission]
1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.
3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned.
[Source: January 2012 | Context: Proposal from the European Commission]
(56) In cases where personal data might lawfully be processed to protect the vital interests of the data subject, or on grounds of public interest, official authority or the legitimate interests of a controller, any data subject should nevertheless be entitled to object to the processing of any data relating to them. The burden of proof should be on the controller to demonstrate that their legitimate interests may override the interests or the fundamental rights and freedoms of the data subject.
(57) Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing free of charge and in a manner that can be easily and effectively invoked.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]
| General Data Protection Regulation: | Directive 95/46/EC: |
|---|---|
| Article 19(1) | Article 14 point (a) |
| Article 19(2) | Article 14 points (a) and (b) |
| Article 19(2a) | Article 14 point (b) |
Member States shall grant the data subject the right:
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).