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.
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