Right to Restriction

Definition & Meaning:

The Right to Restriction, also known as the right to limit processing, is a data protection right that allows individuals to restrict the processing of their personal data by organizations under certain circumstances.

It enables individuals to temporarily halt or limit the processing of their personal data while they resolve disputes, verify the accuracy of their data, or exercise other data subject rights.

You have the Right to Restriction to exert more control over how your personal data is handled by organizations and to protect your privacy and data protection rights.

For example, if you believe that the personal data held by an organization is inaccurate or unlawfully processed, you can exercise your Right to Restriction by requesting the organization to temporarily stop processing your data while you verify its accuracy or resolve the issue.

Similarly, if you object to processing your personal data for direct marketing purposes, you can request the organization to restrict the processing of your data for such purposes.

The Right to Restriction is recognized in data protection laws such as the General Data Protection Regulation (GDPR) in the European Union. It provides individuals with additional safeguards and control over their personal data.

It complements other data subject rights, such as the Right of Access, Right to Rectification, and Right to Erasure, by allowing individuals to temporarily suspend or limit the processing of their data in specific situations.

Under the GDPR, organizations are required to inform individuals about their Right to Restriction and provide mechanisms for individuals to exercise this right.

To exercise your Right to Restriction, you may need to submit a formal request to the organization holding your personal data, specifying the reasons for the restriction and the circumstances under which you are requesting it.

Upon receiving your request, the organization is obligated to assess its validity and determine whether it meets the legal criteria for restriction.

If the request is approved, the organization must take appropriate measures to restrict the processing of your data and notify any third parties with whom the data may have been shared.

However, the Right to Restriction is not absolute. It may be subject to limitations and exceptions, particularly when it conflicts with other legal obligations or legitimate interests.

Organizations may be exempt from restricting the processing of personal data if it is necessary for compliance with legal obligations, the performance of contractual obligations, or the protection of interests.

Additionally, the Right to Restriction may not apply to certain types of data processing activities, such as processing necessary for the establishment, exercise, or defense of legal claims.