Article 19*

Article 19 – Right to object

Commission Proposal

1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), (e) and (f) of Article 6(1), unless the controller  demonstrates compelling legitimate grounds for the processing which override the interests or fundamental  rights and freedoms of the data subject.

2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object free of charge to the processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner and shall be clearly distinguishable from other information.

3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned.

Go to related Recital 56

Go to related Recital 57

EDRi’s proposed amendment

1. The data subject shall have the right to object, on grounds relating to their particular situation, at any time to the processing of personal data which is based on points (d), and (e) and (f)of Article 6(1), unless the controller demonstrates compelling legitimate grounds for the processing which override the interests or fundamental rights and freedoms of the data subject.2. Where personal data are processed for direct marketing purposes or where processing is based on Article 6(1)(f), the data subject shall have the right to object free of charge to the such processing of their personal data for such marketing. This right shall be explicitly offered to the data subject in an intelligible manner, using clear and plain language, adapted to the data subject, in particular for any information addressed specifically to a child, and shall be clearly distinguishable from other information.

3. Where an objection is upheld pursuant to paragraphs 1 and 2, the controller shall no longer use or otherwise process the personal data concerned.

Justification

The right to object without having to demonstrate compelling legitimate grounds should be extended to all processing based on Article 6(1)(f). This is necessary to restore the balance between the interests of the data controller and data subject. The second specification in paragraph 2 mirrors language from Article 11.

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