RIGHT TO RESTRICTION OF PROCESSING BY DATA SUBJECT

The article 18 of the GDPR is the following: the data subject shall have the right to obtain from the controller restriction of processing where one of the following applies: 

  1. The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
  2. The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
  3. The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  4. The data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject. 

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. 

A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted. 

This right and the obligation of information that the data controller must provide to the interested party. With this right, the citizen is allowed greater control over their personal data. And it is independent of the other rights that correspond to it. This right may also facilitate the interested party to report a breach of the data protection regulations. Also, where appropriate, file a claim with the competent courts in the event that the economic or moral rights of the interested party have been violated. That is, that there has been damage that may be subject to compensation. 

In order to exercise the right to limit the processing of personal data, a number of circumstances must be: 

  1. The interested party disputes before the person responsible for the treatment the accuracy of the data object of the treatment: limit its treatment and verify. The limitation will occur “for a period that allows the person responsible to verify the accuracy” of the personal data.
  2. Interested is opposed to the deletion of personal data and request instead the limitation of its use: If the treatment by the person in charge violates the applicable data protection regulations, the interested party may urge you to limit your treatment so that They are not deleted. This is a measure aimed at keeping proof of the violation.
  3. Interested person needs the personal data for the formulation, exercise or defence of claims: This would oblige the person responsible for the treatment to maintain the personal data of the interested party in compliance with his right to the limitation of the treatment. And also complying with the data protection regulations.
  4. Interested has opposed the processing, while verifying if the legitimate motives of the responsible prevail over those of the interested party: It refers to the opposition by the interested party to the processing of their personal need for it to follow a mission conducted in the public interest. Or in the exercise of public powers or legitimate interest. It must be determined whether the fundamental right to the protection of the personal data of the interested party prevails or the reasons that legitimize the treatment by the person in charge. 

GDPR for Businesses

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