Right To Object In GDPR And Its Enlightenments

The right to object was initially provided in the Data Protection Directive95/46/EC,which includes the right to object and automated individual decisions.Later,in order to unify the level of personal data protection in the EU,the provisions on the right to object in the GDPR draft have been greatly revised on the basis of the DPD,and attention has been paid to the impact of new technologies such as profiling.In 2016,the GDPR clarified the scope of the right to object.Article 21 and Article 22 detail the content of rights,restrictions and exceptions to restrictions.This right strengthens the data subject’s control over their personal data.A comprehensive understanding of the right to object can divide the provisions according to the context,and analyze the content of the right,the restrictions and the exceptions to the restrictions respectively.In particular,the restrictions on the right to object involve public interest,legal obligations,legitimate rights and interests of third parties,special categories of personal data.Each provision is understood and applied differently.The law enforcement agencies in the EU countries mostly base their decisions on penalties in terms of direct marketing and its withdrawal methods,and the legal basis for data processing.To a certain extent,the implementation of GDPR has raised the awareness of personal data protection.However,from the perspective of the implementation effects of the right to object,there are still problems such as poor implementation of the right to object,unclear content of words that led to the unclear scope of application of the terms and possible overriding risks due to restrictions.E-Commerce Law already contains relevant provisions to object marketing.In Personal Information Protection Law,Article 15 allows individuals to withdraw consent to opt out of consent-based personal information processing activities,Article24 gives individuals the right to object decisions that have a significant impact on their rights and interests only through automated decision-making,and Article 44 gives individuals the right to object to the processing of their personal information.Although the above three provisions can have the effect of refusing processing under certain conditions,the strict application conditions and vague restrictions make the above provisions fail to form a thorough protection.The right to object has important implications for the establishment of relevant rights in China,considering the development of our society,it should be used for reference: regulate the right of object as a separate right and clarify its scope of application,set restrictions for different situations,and formulate supporting measures to further clarify the content and boundaries of this right so as to clarify the regulatory power of law enforcement agency and the scope of judges’ discretion to ensure the balance between the legitimate rights of individuals and the public interest.