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Data Protection Act 2018

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This is the original version (as it was originally enacted).

99Right to object to processing
This section has no associated Explanatory Notes

(1)A data subject is entitled at any time, by notice given to the controller, to require the controller—

(a)not to process personal data relating to the data subject, or

(b)not to process such data for a specified purpose or in a specified manner,

on the ground that, for specified reasons relating to the situation of the data subject, the processing in question is an unwarranted interference with the interests or rights of the data subject.

(2)Where the controller—

(a)reasonably requires further information—

(i)in order that the controller be satisfied as to the identity of the individual giving notice under subsection (1), or

(ii)to locate the data to which the notice relates, and

(b)has informed that individual of that requirement,

the controller is not obliged to comply with the notice unless the controller is supplied with that further information.

(3)The controller must, before the end of 21 days beginning with the relevant time, give a notice to the data subject—

(a)stating that the controller has complied or intends to comply with the notice under subsection (1), or

(b)stating the controller’s reasons for not complying with the notice to any extent and the extent (if any) to which the controller has complied or intends to comply with the notice under subsection (1).

(4)If the controller does not comply with a notice under subsection (1) to any extent, the data subject may apply to a court for an order that the controller take steps for complying with the notice.

(5)If the court is satisfied that the controller should comply with the notice (or should comply to any extent), the court may order the controller to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(6)A court may make an order under subsection (5) in relation to a joint controller whose responsibilities are determined in an arrangement under section 104 only if the controller is responsible for compliance with the obligation to which the order relates.

(7)The jurisdiction conferred on a court by this section is exercisable by the High Court or, in Scotland, by the Court of Session.

(8)In this section, “the relevant time”, in relation to a notice under subsection (1), means—

(a)when the controller receives the notice, or

(b)if later, when the controller receives the information (if any) required under subsection (2) in connection with the notice.

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