Right of
objection
33.
(1) The data subject has the right:
(a)
(i) to object at any time and free of charge, on compelling
legitimate grounds relating to his/her particular situation
(such as judicial proceeding), to the processing of data
relating to him/her, unless the lawfulness of the
processing is based on the reasons referred to in Articles
14 (1) (a), 14 (1) (b), 15 (2) (a), 15 (2) (d), 15 (2) (j), 16
(2) (a), 16 (2) (b) and 17 (2) (d).
(ii) Where the objection in paragraph 1 is upheld the data
controllers shall cease to process the data subject’s
personal data there is a justified objection, the
processing in question may no longer involve such data;
or
(b) to be informed before personal data is disclosed for the first
time to third parties or before it is they are used on their
behalf for the purposes of direct marketing, and to be
expressly offered the right to object free of charge to such
disclosure or use.
(2) The waiver of any charge pursuant to paragraph (1) may be
refused by the controller in the case of misuse of the request by
the data subject.
(3) The data controller's decision may be the subject of a
complaint by the data subject to the Authority in accordance
with Article 6.
Delays
34.
The data controller shall respond to the request of the data
subject within 45 days. Should the controller fail to respond
within the prescribed time If not, a complaint may be lodged with
the addressed to the Authority.
Further
Regulation
35.
The Minister in consultation with the Authority shall consult with
the Minister for the passing of promulgate regulations relating to
the exercise of the right referred to in Sections Articles 31 to 33.
Decision taken
purely on the
basis of
automatic data
processing
36.
(1) A decision having legal effects on a person or significantly
affecting him/her, shall must not be taken purely on the basis of
automatic data processing with the aim of assessing certain
aspects of his/her personality.
Draft Data Protection Bill Version 1.0
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