Section 40: Right to object
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
40. Right to object
(1) The data subject shall have the right to object in writing at
any time to the processing of personal data concerning him unless the
controller demonstrates compelling legitimate grounds for the processing
which override the data subject’s interests, rights and freedoms or for the
establishment, exercise or defence of a legal claim.
(2) 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.
(3) 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.
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(4) The rights referred to in subsections (1) and (2) shall be
explicitly brought to the attention of the data subject.
(5) In this section –
“direct marketing” means the communication of any
advertising or marketing material which is directed to any
particular individual.