Chapter III · Section 4

Article 21. Right to object

(1) The data subject shall have the right to object, on personal grounds, at any time to processing of personal data concerning him or her which is based on art. 6(1)(e) or (f), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates that it has legitimate and compelling grounds which justify the processing and which override the rights, freedoms and legitimate interests of the data subject, or that the purpose of the processing is the establishment, exercise or defence of a right in administrative, judicial or out-of-court proceedings.

(2) Where personal data are processed for the purpose of direct marketing, the data subject shall have the right to object at any time to processing of personal data concerning him or her for that purpose, including 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 by way of derogation from the provisions of Law No. 284/2004 on Information Society Services, 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 in accordance with art. 54(1), the data subject, on personal grounds, 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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