8—Objection to processing

8. (1) Pursuant to section 36 of the Act, a data subject may request a data controller or data processor not to process all or part of their personal data, for a specified purpose or in a specified manner.

(2) A request to object the processing may be made in Form DPG 1 set out in the First schedule.

(3) A data controller or data processor shall, without charging any fee, comply with a request for objection under sub-regulation (2) within fourteen days of the request.

(4) The right to object to processing applies as an absolute right where the processing is for direct marketing purposes which includes profiling to the extent that it is related to such direct marketing.

(5) Where the data subject objects to processing for direct marketing purposes, the personal data shall not be processed for such purposes.

(6) Where the right to object to processing is not absolute and the request by a data subject has been declined, the data controller or data processor shall inform the data subject of—

(a)  the reasons for declining the request for objection; and

(b)  the right to lodge a complaint to the Data Commissioner where dissatisfied.

(7) Where a data controller or data processor demonstrates compelling legitimate interest for the processing which overrides the data subject’s interests, or for the establishment, exercise or defence of a legal claim, the data controller or data processor shall inform the data subject of—

(a) the reasons for declining the request for objection; and

(b) the right to lodge a complaint to the Data Commissioner where dissatisfied.

104  PART II— ENABLING THE RIGHTS OF A DATA SUBJECT