Gives individuals the right to object to the processing of their personal data in certain situations.
Definition
Excerpt
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.
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.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such 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 shall be 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 his or her right to object by automated means using technical specifications.
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.
Related cases
Carrefour France has been fined by CNIL for violating GDPR and French data protection laws, including excessive data retention, unclear data processes, inadequate response to requests, security breaches, and unlawful use of cookies. They also sent prospecting emails despite objections and did not provide unsubscribe links.
Banco Bilbao Vizcaya Argentaria, SA was fined by the Spanish Data Protection Authority (AEPD) for issues related to imprecise terminology, vague formulations, the absence of the option to refuse in the privacy policy, and the use of pre-ticked checkboxes to obtain consent.
The Norwegian DPA held the controller liable for direct marketing purposes to a data subject despite of having previously objected to such processing.
The Belgian DPA held an organization liable for continued direct marketing practices despite objection by the complainant; and for failing to provide clear information about the right to object in the privacy policy.
Related deceptive patterns
The user is presented with a default option that has already been selected for them, in order to influence their decision-making.
The user wants to do something, but they are required to do something else undesirable in return.
The user finds it easy to sign up or subscribe, but when they want to cancel they find it very hard.
The user is drawn into a transaction on false pretences, because pertinent information is hidden or delayed from being presented to them.
The user tries to do something, but they are persistently interrupted by requests to do something else that may not be in their best interests.