The right to object gives the individual the ability to object to the processing of personal data:
- Where the legal basis to process is legitimate interest or performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, including profiling based on these provisions. In these situations, the personal data can no longer be processed unless compelling legitimate grounds for the processing which override the interests, rights and freedoms of the individual are demonstrated or in order to establish, exercise or defend legal claims.
- If personal data concerning him or her are processed for direct marketing purposes, including profiling to the extent that it relates to direct marketing. If the individual objects to processing for direct marketing purposes, the personal data can no longer be processed for direct marketing purposes.
The right to object for the above two reasons must be brought explicitly to the attention of the individual at the latest of the first communication with the individual. It must be presented clearly and separately from any other information. If the communication with the individual is over the internet, then the individual must be able to exercise his or her right to object over the internet.
The right to object also gives the individual the ability to object to the processing of personal data concerning him or her for scientific or historical research purposes or statistical purposes, unless the processing is necessary for the performance of a task carried out for reason of public interest.
This blog is the tenth in a series of blogs that describes and explains the eight individual rights set forth in the GDPR. If you don’t want to wait until the next blog to learn more about the GDPR and the individual rights in the GDPR, take a look at GDPRsimple, http://www.keepgdprsimple.com, an automated web and mobile tool, that can help SMEs implement the GDPR and demonstrate their implementation.
Next blog: What is the right not to be subject to automated decision-making?