Preventing processing of information

You have a limited right under the Data Protection Act to tell an individual or organisation to stop processing information about you if it is causing you unwarranted and substantial damage or distress. You should make this clear and must be done in writing:

  • Who you are
  • What the processing is that you object to. This could relate to the use that is being made of the information or it could be the information itself. You may object to who the information is being released to and how it is being processed
  • Why this processing is causing you unwarranted and substantial damage or distress. Or, if the processing has not yet begun why it will be likely to do this
  • It would be advisable to send this by recorded delivery.

Exemptions

This right does not apply to any processing done

  • with your consent
  • that is necessary to carry out a contract
  • that is necessary to prepare, with your agreement, to enter a contract
  • that is necessary to carry out any legal obligation that applies to the organisation except those relating to contracts
  • that is necessary to protect your vital interests

What can you expect in response?

The organisation should reply in 21 days and explain what, if anything, they are going to do in response. They should also give their reasons if they think your demand is not justified in any way.
If you are not satisfied with the response you can then apply to a court and the court will decide whether, or how far, your demands should be met.
You should keep a copies of all the correspondence relating to the matter. Also record the dates of any communications. This will be important evidence for the court to consider.