Are they not the same? If a data subject withdraws consent, does it not imply objecting to processing of the data subject's data?
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What is the differences in GDPR between the right to object, and the right to withdraw consent?
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@Fatima-Bernardo said in What is the differences in GDPR between the right to object, and the right to withdraw consent?:
Are they not the same? If a data subject withdraws consent, does it not imply objecting to processing of the data subject's data?
Fatima,
They are not exactly the same. Under the GDPR, consent must be obtained in a relatively unambiguous manner, in plain language. This means that consent is not assumed if you simply put a checkbox or don't put a checkbox somewhere.
Additionally, consent can be withdrawn at any time, consent cannot be granted by a child under 13 without parental consent and the Organisation must be able to produce such clear unambiguous consent.
Reading the GDPR articles involved Art. 21 and ARt.7(3), respectively. Give us an idea of how they work together under the arch of consent.
GDPR Art 21(2)
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
GDPR Art 7(3)
1The data subject shall have the right to withdraw his or her consent at any time. 2The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. 3Prior to giving consent, the data subject shall be informed thereof. 4It shall be as easy to withdraw as to give consent.
So are they the same or different? They are part of the same process as the overarching idea of obtaining consent.
(1) Let's say that I provide consent to an organization to use my image in marketing. But they decided to use it to market something I would clearly object too--e.g., from the TV series
Friends
-- Joey did some photos for a campaign that would be on billboards around NYC. When it came out, he saw his face advertising some treatment for an STD...if I remember correctly. Well in this case GDPR says that I have a right to object to that and have my image not used that way...but I may allow my image to be used some other way that I wouldn't mind. So in this way, I can object without necessarily withdrawing my consent.(2) Let's say that after dealing with an organization you give your consent. The organization doesn't just get to say "too bad, you gave your consent." They must provide a solution to that. Art. 7(3) provides that solution. You can withdraw consent without necessarily objecting.
I hope this helps.
Cordially,
Ronnie Wong
Edutainer Manager, ACI Learning [ITPRO]
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