(3)
Sub-Article (1) and (2) of this Article shall not apply where the processing of the personal
data is necessary:
(a) for reasons of public interest in the field of public health;
(b) for the purpose of historical, statistical or scientific research when there is no
recognizable risk of infringement of the rights and fundamental freedoms of data
subjects;
(c) for compliance with a legal obligation to process the personal data to which the
data controller is subject or for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the data controller; or
(d) for the establishment, exercise or defense of a legal claim.
39.
(1)
Right to Object
The data subject shall have the right to object in writing at any time to the processing of
personal data concerning him unless the data controller demonstrates in a written
format compelling legitimate grounds for the processing which override the data
subject’s interests, rights and freedoms or for the establishment, exercise or defense of a
legal claim.
Where personal data are processed for the purpose of direct marketing, the data subject
may object to processing of personal data concerning him for such marketing, which
includes profiling to the extent that it is related to such direct marketing.
Where a data subject objects to processing of personal data for the purpose of direct
marketing, the personal data shall no longer be processed for that purpose.
The rights referred to in sub-Articles (1) and (2) of this Article shall be explicitly brought
to the attention of the data subject.
(2)
(3)
(4)
40.
(1)
(2)
Restriction of Processing
A data subject shall have the right to request the restriction of processing of personal
data where:
(a) the accuracy of the personal data is contested by the data subject, for a period
enabling the data controller to verify the accuracy of the data;
(b) the data controller no longer needs the personal data for the purpose of the
processing, but the data subject requires them for the establishment, exercise or
defense of a legal claim;
(c) the processing is unlawful and the data subject opposes the erasure of the personal
data and requests the restriction of their use instead; or
(d) he has objected to the processing pursuant to Article 39 of this Proclamation
pending verification as to whether the legitimate grounds of the controller
override those of the data subject.
Where processing of personal data is restricted under sub-Article (1) of this Article,
(a) the personal data shall, with the exception of storage, only be processed with the
data subject’s consent or for the establishment, exercise or defense of a legal claim,
the protection of the rights of another person or for reasons of public interest; and
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