This right, described in article
24 of the LQPD, as its name suggests, means that
you can oppose the fact that the controller processes personal data in the
following two cases:
A.
When they are subject to processing
based on a mission of public interest or legitimate interest, including
profiling. In this case, the controller will stop processing the data unless
compelling reasons are proven that prevail over the interests, rights and
freedoms of the data subject, or for the formulation, exercise or defense of
claims.
B.
When the treatment is for the
purpose of direct marketing, also including the aforementioned profiling. In
this case, once you have exercised this right for this purpose, the personal
data will no longer be processed for these purposes.
You
can download the form to exercise it here
for case A, or here
for case B
The LQPD (like the EU General Data Protection
Regulation, the GDPR) does not grant data subjects a general right to oppose
the processing of their personal data. Rather, this right is limited to the
following situations:
•
When you have particular reasons to
oppose a legitimate treatment based on the legitimate interest or the public
interest of the person in charge. The data controller, in turn, may reject your
objection when it demonstrates compelling legitimate grounds for the processing
activity that outweigh your interests, rights and freedoms, or for the
establishment, exercise or defense of claims.
•
When your data is being processed
for direct marketing purposes. Unlike the previous point, and regardless of the
basis that legitimizes direct marketing, the data controller cannot reject the
objection based on compelling legitimate reasons.
Last updated: May 17, 2022