Objection to the Use of My Personal Data for Direct Marketing Purposes
If you have never authorized the use of your personal data for direct marketing purposes and wish to ensure it is not used for this purpose, or if you have given (knowingly or unknowingly) your consent for the processing of your personal data and now wish to withdraw it, you may exercise your right to object.
What the Law Says
Organic Law No. 63 dated 27 July 2004 on the protection of personal data (GDPR equivalent):
Art. 37. “The controller of automated processing of personal data and the processor must implement the necessary technical means to enable the data subject, their heirs, or their guardian to send, electronically, their request for rectification, modification, correction, or erasure of personal data.”
Art. 42. “The data subject, their heirs, or their guardian has the right to object at any time to the processing of personal data concerning them for valid, legitimate, and serious reasons, except in cases where the processing is provided for by law or is required by the nature of the obligation. Furthermore, the data subject, their heirs, or their guardian has the right to object to personal data concerning them being communicated to third parties for exploitation for advertising purposes. The objection immediately suspends the processing.”
Furthermore, the data subject, their heirs or guardian, have the right to object to the personal data concerning them being communicated to third parties with a view to using them for advertising purposes.
The opposition immediately suspends the processing. »
Art. 91. “The controller or the processor who continues to process personal data despite the objection of the data subject made in accordance with Article 42 of this law shall be punished by one year of imprisonment and a fine of five thousand dinars.”You can object to the use of your personal data for commercial prospecting purposes under the “right of opposition”.
This right to object may be exercised, free of charge, at any stage of the collection, processing, and transfer of your personal data.
The law also allows you to request the erasure of this data and to ask the controller to ensure that this request is transmitted to the partner recipients of said data.
Processing your personal data despite your opposition is punishable by one year’s imprisonment and a fine of 5,000 dinars.
Art. 91. “The controller or the processor who continues to process personal data despite the objection of the data subject made in accordance with Article 42 of this law shall be punished by one year of imprisonment and a fine of five thousand dinars.”
What You Can Do
Organic Law No. 63 dated 27 July 2004 on the protection of personal data (GDPR equivalent):
Send a letter or email to the data controller of Relead.
You must prove your identity, for example by:
Providing your customer or subscription number along with your name and address.
Exercising your rights via an online account in which you have previously logged in (username and password).
Only if Relead has doubts about your identity may it request additional information, including a copy of an identity document.
Keep a copy of your request (letter, screenshot, etc.). Request an acknowledgment of receipt to prove the date it was made.
You should receive a response within 1 month of your request. This period may be extended by one additional month (to a total of 2 months) if the request is complex, but the company must justify the extension.
Silence for more than 2 months counts as a refusal unless an extension is justified.
If you receive no response within the allotted time, an incomplete response, or a refusal, you may lodge a complaint with the INPDP in accordance with Art. 43: “The National Authority for the Protection of Personal Data shall be seized of any dispute relating to the exercise of the right to object. The Authority must issue its decision within the time limit provided for in Article 41 of this law. The family judge shall rule on disputes relating to objection when the data subject is a child.”
The complaint may be:
Emailed to: inpdp@inpdp.nat.tn
Faxed to: 71 799 823
Mailed to: 1, Rue Mohamed Moalla, 1002, Mutuelleville, Tunis B.P. 525
The Authority must issue its decision within one month from the date it is seized.
Note:
The sample request form we provide is for guidance only.
Attention : This template is not a substitute for personalized legal advice. Its purpose is to provide you with an argument that you may adapt according to your situation.
