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Data Protection and Compliance in Context by Stewart Room

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SUBSTANTIAL AND UNWARRANTED DAMAGE OR DISTRESS

The right to prevent processing that is causing, or that is likely to cause, substantial and unwarranted damage or distress is contained in section 10 of the DPA and is intended to implement Article 14(a) of the Data Protection Directive. To recap, Article 14(a) of the Directive allows the data subject the right to object to data processing that is necessary for public functions or to data processing necessary for legitimate interests, provided that the objection is made on ‘compelling legitimate grounds’. These compelling legitimate grounds are for the Member States to define and under section 10 of the DPA they equate to substantial and unwarranted damage or distress actually being suffered, or ...

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