CIPP-E · Question #32
Under Article 21 of the GDPR, a controller must stop profiling when requested by a data subject, unless it can demonstrate compelling legitimate grounds that override the interests of the individual.
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Question
Under Article 21 of the GDPR, a controller must stop profiling when requested by a data subject, unless it can demonstrate compelling legitimate grounds that override the interests of the individual. In the Guidelines on Automated individual decision-making and Profiling, the WP 29 says the controller needs to do all of the following to demonstrate that it has such legitimate grounds EXCEPT?
Options
- ACarry out an exercise that weighs the interests of the controller and the basis for the data
- BConsider the impact of the profiling on the data subject's interest, rights and freedoms.
- CDemonstrate that the profiling is for the purposes of direct marketing.
- DConsider the importance of the profiling to their particular objective.
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