← NDPA 2023 · Data subject rights

s.36-37 — Objection and automated decision-making

medium data-subject-rights

Requirement

A data subject may object to processing, including for direct marketing (s.36), and has the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal or similarly significant effects, subject to the Act's exceptions and safeguards including human intervention (s.37).

What the engine looks for

Every group below must be satisfied — by an affirmative statement, not a plan, a hedge or a denial — for the control to count as covered. A term ending in … matches any word it begins. Supporting terms do not change the verdict — they raise confidence and distinguish a policy that names a mechanism from one that gestures at a category.

Required element 1 — any one of
objectobjectionautomated decisionprofiling
Required element 2 — any one of
opt outhuman reviewhuman interventioncontest
Supporting terms — specificity signals
section 36direct marketingexplanationsafeguardinventorysection 37

Equivalent controls elsewhere

Matched on shared topics. Satisfying this control usually moves these too.

FrameworkControlTitleShared topics
GDPR Art.15 Right of access data-subject-rights
GDPR Art.18 Right to restriction of processing data-subject-rights
GDPR Art.20 Right to data portability data-subject-rights
GDPR Art.22 Automated decision-making and profiling data-subject-rights
CCPA/CPRA 1798.110 & 1798.115 Right to know and access data-subject-rights
CCPA/CPRA 1798.125 Non-discrimination and financial incentives data-subject-rights
CCPA/CPRA 1798.130(a)(1)-(2) Methods for requests and 45-day response data-subject-rights
CCPA/CPRA Regs (ADMT) Automated decision-making technology for significant decisions data-subject-rights