This new right, described in article 22 of the LQPD,
consists of the fact that you obtain the limitation of the processing of your
data carried out by the controller. There are two possibilities:
•
Request the suspension of the processing of your data:
o When you challenge the accuracy of
your personal data, during a period that allows the controller to verify it.
o
When you have objected to the processing of your personal data that the controller
carries out based on legitimate interest or mission of public interest, while the
controller verifies if these reasons prevail over yours.
•
Request the controller for the conservation of your data:
o When the processing is illegal and
you have opposed the deletion of your data and instead request the limitation
of its use.
o
When the controller no longer needs the personal data for the purposes
of the processing, but you, as the data subject, need them for the formulation,
exercise or defense of claims.
You can download the form to exercise it here.
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 two situations mentioned above:
•
When you have particular reasons to oppose a legitimate processing 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 controller cannot reject the objection based on compelling
legitimate reasons.
Last updated: May 17, 2022