Preventing specific processing of personal data
An individual is entitled to write to any organisation and inform it that you require it to cease, or not begin processing your personal data for a particular purpose, or in a particular way, where the processing is likely to cause substantial damage or substantial distress and such damage or distress would be unwarranted.
This right is provided by section 8 of the Data Protection Act.
The right cannot be exercised if: -
- the person has given their consent to the processing of that particular personal data
- (they can withdraw their consent to the particular processing, but this does not stop the data controller from continuing to hold the personal data)
or the processing is necessary for
- the performance of a contract with the person;
- for compliance with a legal obligation imposed on the organisation; or
- to protect the vital interests of the person.
There are also exemptions from this right in certain circumstances, such as processing which is necessary for the prevention or detection or crime or the assessment or collection of tax.
The person can exercise this right by writing to the organisation explaining what personal data they wish you to stop processing and the reason (a "data subject notice").
A response to the data subject notice must be sent within 21 days stating whether the organisation has complied, is intending to comply, or stating reasons why it does not intend to comply, with the data subject notice.
If the organisation does not intend to comply with the notice, the person may make an application to the court. The court may order the organisation to take such steps as it considers necessary.
Please note that the Information Commissioner cannot proceed such matters and the advice of a Manx Advocate should be sought.