What is the right to restrict processing?
You have the right to ‘block’ or suppress the processing of your personal data. When processing is restricted, we are permitted to store your personal data, but not use it.
When does the right to restrict processing apply?
You have the right to restrict the processing of your personal data in the following circumstances:
- You contest the accuracy of the data and we are in the process of verifying the accuracy of the data;
- We have unlawfully processed your data. That is, processing is in breach of the lawfulness requirement of the first principle of the GDPR and you oppose erasure and request restriction instead;
- We no longer need the personal data but you need us to keep it in order to establish, exercise or defend a legal claim; or
- You have objected to us processing your data under Article 21(1), and we are in the process of considering whether our legitimate grounds override your right to object.
How do I make a request and what does it cost?
From 25 May 2018, you can make a request to restrict processing either verbally or in writing. Requests are free of charge, unless the request is manifestly unfounded or excessive. Any fee applied will be based on the administrative costs of complying with the request.
How long will it take to process my request?
We are required to provide you information within a month of receipt. This period can be extended by a further two months if your request is complex or numerous.
The OPCC will let you know within a month if a delay is expected in dealing your request. We will give you a reason for any extension to the time period. If we require proof of identification, the one month responding period will begin when your identity has been confirmed.
We will let you know when the restriction on processing is lifted.
Can you refuse my request?
We can refuse to comply with a rectification request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.
If we refuse to process your request, we will explain why and inform you of your right to complain to the Information Commissioner and to a “judicial remedy” within one month of receipt.
What happens if you have shared my details with partners?
If we have shared personal information with others, then we will contact each recipient and inform them of the restriction unless this proves impossible or involves disproportionate effort.