Right to object
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Data subjects shall have the right to object, on grounds relating to their particular situation, at any time to processing of personal data. This right only applies when the lawful basis for the processing is either legitimate interest or public interest. When the legal basis for processing is consent, the data subjects shall simply withdraw their consent.

In the case this right is exercised, the controller must assess whether there exists a “compelling” reason to continue the processing. This must be interpreted in a strict and narrow way, and it cannot be the same interests and reasons that justified the processing in the first place. This is because, this time, the controller must re-assess the processing in light of the personal reasons argued by the data subject. If such compelling ground cannot be found and strongly argued, the processing activity must stop. In these cases, a false assessment of such compelling reasons to continue the processing could be seen, for instance, by the number of times the controller does not concede the exercise of the right and keeps with the processing. When the processing consists on direct marketing, the data subject can exercise a right to object in a direct way, and the controller must stop the processing with no option to argue a compelling reason.

In this regard, it is to be noted that those personal data can still be processed for other purposes, as long as there is a lawful basis for them.


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