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Chapter III – Rights of the data subject (Art.12-23)

Art. 12 GDPR - Transparent information, communication and modalities for the exercise of the rights of the data subject arrow_right_alt

Art. 13 GDPR - Information to be provided where personal data are collected from the data subject arrow_right_alt

Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject arrow_right_alt

Art. 15 GDPR - Right of access by the data subject arrow_right_alt

Art. 16 GDPR - Right to rectification arrow_right_alt

Art. 17 GDPR - Right to erasure ('right to be forgotten') arrow_right_alt

Art. 18 GDPR - Right to restriction of processing arrow_right_alt

Art. 19 GDPR - Notification obligation regarding rectification or erasure of personal data or restriction of processing arrow_right_alt

Art. 20 GDPR - Right to data portability arrow_right_alt

Art. 21 GDPR - Right to object arrow_right_alt

  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, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
  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.
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  • 69
  • 70

Recital 69

Where personal data might lawfully be processed because processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, or on grounds of the legitimate interests of a controller or a third party, a data subject should, nevertheless, be entitled to object to the processing of any personal data relating to his or her particular situation. It should be for the controller to demonstrate that its compelling legitimate interest overrides the interests or the fundamental rights and freedoms of the data subject.

Recital 70

Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing, including profiling to the extent that it is related to such direct marketing, whether with regard to initial or further processing, at any time and free of charge. That right should be explicitly brought to the attention of the data subject and presented clearly and separately from any other information.

Art. 22 GDPR - Automated individual decision-making, including profiling arrow_right_alt

Art. 23 GDPR - Restrictions arrow_right_alt