Article 21

Right to object

  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, the data subject may exercise his or her right to object by automated means using technical specifications, notwithstanding domestic law made before IP completion day implementing Directive 2002/ 58/ EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector.
  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.

Relevant recitals

(69), (70)

Important note about UK GDPR recitals

Recitals to the GDPR are saved into UK domestic law and apply to the interpretation of the UK GDPR. However, they have not been amended upon saving. This may mean that some recitals are no longer relevant if the corresponding provisions have not been retained in UK domestic law. (Tell me more.)

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