GDPR · Regulation (EU) 2016/679
Article 21
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 1 part · 0 Council drafts · 1 Parliament amendment
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Additional proposed wording Amendment 1131 · Michael McNamara, Irena Joveva, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller, Christophe Grudler ITRE · LIBE
6a. In Article 21, paragraph 1 is replaced by the following:
The data subject shall have the right to object, on grounds relating to his or her particular situation, notably where the data subject is a child, 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.'
against:
Article 21
Right to object
- 1.
The data subject shall have the right to object, on grounds relating to his or her particular situation, notably where the data subject is a child, 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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