s.10Right to stop processing
10
Section 10Part 2 — RIGHTS AND RESPONSIBILITIES OF DATA SUBJECTS AND OTHERS

Right to stop processing

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A data subject is entitled at any time, by notice in writing to a data controller, to require the data controller to cease processing, or not to begin processing, or to cease processing for a specified purpose or in a specified manner, the data subject’s personal data.
The data controller shall, as soon as practicable, but in any case within twenty-one days of receiving a notice under subsection (1), comply with that notice unless —
the processing is necessary for the performance of a contract to which the data subject is a party or the taking of steps at the request of the data subject with a view to entering into a contract;
the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract;
the processing is necessary in order to protect the vital interests of the data subject; or
the processing is necessary in such other circumstances as may be prescribed by regulations
If, on the application of a data subject who has given notice under subsection (1), the Commissioner is satisfied that the data controller in question has failed to comply with the notice, the Commissioner may issue an enforcement order under section 45.
The failure by a data subject to exercise the right conferred by subsection (1) does not affect any other right conferred on the data subject by this Law.

Cross References