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Right to Object

Art. 21 of the General Data Protection Regulations (GDPR) “The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.

Individuals may decide, that they believe the University is processing data about them that they don’t want us to, or that they think we shouldn’t be, and GDPR provides them right to object.

Data subject has the right to object to the processing personal data in the following three situations:

I. Where the condition for processing is based on the justification ‘necessary for a public interest’ or ‘necessary for the purposes of the legitimate interests pursued by the controller’

II. Personal data is processed for direct marketing purposes

III. Personal data is processed for scientific, historical research or statistical purposes

Objecting to public or legitimate interests

When does it apply?

  • Where the lawful condition for processing has been identified under either "public interest" or "legitimate interests", those lawful bases are not absolute, and data subjects may have a right to object to such processing.
  • There is no requirement for a data subject to justify why they want the University to cease processing.
  • Where the data subject's objection is justified, the University must cease the relevant processing activity without undue delay.

When doesn’t it apply?

  • Where the University can evidence that it has compelling legitimate grounds why it should be able to continue to processing on either of the above, for example to exercise or in defence of legal claims. This must be communicated to the data subject.
  • Where the legal basis for processing is other than "public interest" or "legitimate interests".

When doesn't it apply?

When does it apply?

  • The right to object to direct marketing is absolute in all cases - there is no requirement for the Data Subject to explain.
  • Where the data subject objects, the University must cease the processing of that data subject’s personal data for direct marketing purposes immediately.
  • Any further contact following the request to cease would be a breach of the law.
  • This includes ceasing any profiling activities associated to the direct marketing purposes.

When doesn’t it apply?

There are no circumstances where the right to object to direct marketing does not apply.

How long does the University have to comply?

When does it apply?

  • Data Subjects must have “grounds relating to his or her particular situation” in order to exercise this right. I.e. they must explain why they to object to processing and how it affects their personal situation.
  • Where the data subject's objection is justified, the University must cease the relevant processing activity without undue delay.

When doesn’t it apply?

  • Where the processing is necessary for the performance of a task carried out for reasons of public interest.
  • Where the University does not find sufficient grounds to the objection. This must be communicated to the data subject.

What if the University doesn’t comply?

If the University fails to provide a response to your satisfaction, you should raise complaint with the University Data Protection Officer dp.officer@northumbria.ac.uk

If you remain dissatisfied, you may request the ICO to undertake the judicial review:

  • If the ICO does not agree with the University, this may result in us being instructed to make the rectification as originally requested, either in full or in part. We will do this within one month of the ICO notifying us.
  • If the ICO agrees with the University, the note will remain on your account but no further action will be taken and no changes will be made to the data.

How do I request for restriction of data?

You may submit an objection to any member of staff, in a number of different ways, including via telephone or in person, but for it to be considered a valid request, it must be clear what you are objecting to.

We would encourage you to submit an objection in writing wherever possible as this will be as much for your own befit as ours, as it will:

  • Provide a clear audit trail as to when you submitted your objection.
  • Ensure that both you and the University have a clear record of what you have objected to.

Objections should clearly state what data you are objecting to the processing of along with why you believe your objection is valid. If it is unclear what you are objecting to, you will be asked to clarify.

Objections can also be submitted to the University Data Protection Officer:

T:  +44 (0)191 243 7357

E:   dp.officer@northumbria.ac.uk

Proof of Identity

To make sure that someone doesn’t request us to delete your data illegally, we will ask for proof of your identity. Acceptable proof of identity shall be any of:

  • A copy of Photographic ID such as passport, driving licence or Student ID.
  • Birth Certificate.
  • Two utility bills or bank statements (with redacted transactions) containing a full address of less than 3 month sold.

 

Please note that originals are not required, but can be scanned and sent in via email or they will be copied if presented in person.

The University will refuse a request if we do not have evidence that the requestor is entitled to access the information.


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