CIPP/E Study Guide
IAPP Training · Module 5 - BoK II.C

Module 5 · Right to object (Article 21)

Right to object (Article 21) applies where processing is for direct marketing (an absolute right - processing must cease, including profiling for marketing), or for public interest/legitimate interests or research/statistics. For public-interest/legitimate-interest processing the controller may continue only by showing compelling legitimate grounds. Where processing rests on consent, the person withdraws consent rather than objects.

The right to object (Article 21) is available where processing is for direct marketing (an absolute right - it must cease and includes profiling for marketing), for public interest/legitimate interests, or for research/statistical purposes.

Direct marketing is absolute

For direct marketing the objection is absolute: the controller must cease that processing immediately. No balancing test applies.

  • For public-interest/legitimate-interest processing, the controller may continue only if it shows compelling legitimate grounds that override the data subject, or for legal claims.
  • Where processing is based on consent, the data subject withdraws consent rather than objecting.

Key terms - quick answers

What is “Right to object”?
Article 21: the right to object to certain processing; absolute for direct marketing, conditional for public-interest/legitimate-interest and research processing.
What is “Compelling legitimate grounds”?
Grounds the controller must demonstrate to continue legitimate-interest/public-interest processing despite an objection - they must override the data subject's interests.