Personal data is protected by the General Data Protection Regulation: the famous and now popular GDPR. As a user, you have rights regarding the processing of your data.
Your rights regarding personal data
These rights are also provided for in the GDPR. You therefore have the option of objecting to the processing of your personal data. It remains to understand its outlines.
The right to object can be found in article 21 of the GDPR which sets out the conditions under which a person can object to the processing of this data.
The conditions for objecting to the processing of such data
- “The data subject has the right to object at any time, for reasons relating to his particular situation, to the processing of personal data concerning him based on Article 6, paragraph 1, point e) or f) , including profiling based on these provisions. The controller no longer processes personal data, unless he can demonstrate that there are compelling legitimate reasons for the processing which prevail over the interests and rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
- When personal data is processed for prospecting purposes, the data subject has the right to object at any time to the processing of personal data concerning him for such prospecting purposes, including profiling to the extent where it is linked to such prospecting.
- When the data subject objects to the processing for prospecting purposes, the personal data is no longer processed for these purposes.
- 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 presented clearly and separately from any other information.
- In the context of the use of information society services, and notwithstanding Directive 2002/58 / EC, the data subject may exercise their right of opposition by means of automated procedures using technical specifications.
- When personal data is processed for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1), the data subject has the right to object, for reasons relating to his situation particular, to the processing of personal data concerning him, unless the processing is necessary for the performance of a task of public interest. “
To do so, you must contact the organization in question, in order to express your wish to oppose the processing of certain data which is personal to you. You must give a reason except in the case of commercial prospecting.
What to do in case of refusal?
In case of refusal, the organization must justify its response. If you are not satisfied with the negative response or by the non-response from the organization, it is possible to enter the CNIL while inserting the elements of your previous request to the organization.
Use a lawyer
Do not hesitate to be accompanied by a law firm specializing in personal data and GDPR, who will know how to help and advise you in this type of procedure.