Re: Lawfulness of processing

On Wednesday, November 7, 2018 9:11:53 AM CET Eva Schlehahn wrote:
> Second, they cannot simply diminish the data subject's right to
> object wrt the direct marketing purposes. Article 21 para. 2 GDPR
> explicitly says that the data subject *always* has a right to
> object when data are processed for direct marketing purposes at
> any time. This also affects any profiles that were built in the
> context of such direct marketing.

Adding to Eva...

The cool part is that if you send them a DNT:1, you objected 
according to Art. 21 (5) GDPR, which is pretty powerful. In that 
case they can't overwrite the user's will with "legitimate 
interest". 

Legitimate interest is certainly not the legitimate interest of one 
party only. That would be easy as that would mean no GDPR 
whatsoever. Or every data collector could just define a "legitimate" 
interest in data collection and ignore the data subject. I don't 
think the main stream interpretation would support that ...

 --Rigo