[No. 6.]
S.3
Data Protection (Amendment) Act
2003.
[2003.]
‘‘(7) Where—
(a) personal data are kept for the purpose of direct
marketing, and
(b) the data subject concerned requests the data
controller in writing—
(i) not to process the data for that purpose,
or
(ii) to cease processing the data for that
purpose,
then—
(I) if the request is under paragraph
(b)(i) of this subsection, the data
controller—
(A) shall, where the data are kept
only for the purpose aforesaid,
as soon as may be and in any
event not more than 40 days
after the request has been given
or sent to him or her, erase the
data, and
(B) shall not, where the data are
kept for that purpose and other
purposes, process the data for
that purpose after the expiration of the period aforesaid,
(II) if the request is under paragraph
(b)(ii) of this subsection, as soon as
may be and in any event not more
than 40 days after the request has
been given or sent to the data controller, he or she—
(A) shall, where the data are kept
only for the purpose aforesaid,
erase the data, and
(B) shall, where the data are kept
for that purpose and other purposes, cease processing the data
for that purpose,
and
(III) the data controller shall notify the
data subject in writing accordingly
and, where appropriate, inform him
or her of those other purposes.
(8) Where a data controller anticipates that personal
data, including personal data that is required by law to
be made available to the public, kept by him or her will
be processed for the purposes of direct marketing, the
data controller shall inform the persons to whom the data
relates that they may object, by means of a request in
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