Request to object to the use of my personal data for commercial prospecting purposes
If you have never authorized the use of your personal data for commercial prospecting purposes or you wish to ensure that they will not be used for this purpose. Or you have given (consciously or not) consent to the processing of your personal data and you now wish to withdraw it.
WHAT THE LAW SAYS
Organic Law number 63 dated July 27, 2004 on the protection of personal data (GDPR):
Art. 37. «The person responsible for the automated processing of personal data and the subcontractor must implement the technical means necessary to allow the person concerned, their heirs or their guardian to send electronically their request for rectification, modification, correction, or erasure of personal data. »
Art. 42. « The data subject, his or her heirs or guardian, have 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 the law or is required by the nature of the obligation.
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 subcontractor who continues to process personal data despite the opposition of the person concerned made in accordance with the provisions of the law shall be punished by one year of imprisonment and a fine of five thousand dinars. of article 42 of this law. »You can object to the use of your personal data for commercial prospecting purposes under the “right of opposition”.
This right of opposition is exercised, free of charge, at any time of the collection, processing and transmission of your personal data.
The law allows you to also request the erasure of this data and to ask the data controller that this request be transmitted to the recipient partners of the 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 subcontractor who continues to process personal data despite the opposition of the person concerned made in accordance with the provisions of the law shall be punished by one year of imprisonment and a fine of five thousand dinars. of article 42 of this law. »
WHAT YOU CAN DO
Organic Law number 63 dated July 27, 2004 on the protection of personal data (GDPR):
Send a letter or e-mail to the data controller of the company Relead.
You must prove your identity, for example, by:
Communiquant votre numéro de client ou d’abonnement en plus de votre identité et de votre adresse.
Exerçant vos droits à partir d’un compte en ligne sur lequel vous vous êtes préalablement authentifié (identifiant et mot de passe).
Only if Relead has doubts about your identity can it ask you for additional information, including a copy of an identity document.
Keep a copy of your procedure (copy of the letter, screen copy, etc.). Do not hesitate to ask for an acknowledgment of receipt to prove the date.
Depending on your request, you must receive a response within 1 month. This deadline can be extended by one month and therefore increased to 2 months if the request is complex, but the company must justify this.
Silence maintained for more than 2 months constitutes a decision of refusal, unless there are justifications extending this period.
In the absence of a response within the time limit or an incomplete response, or even in the event of refusal, you have the possibility of filing a complaint with the INPDP in accordance with Art. 43. «The National Authority for the Protection of Personal Data is seized of any dispute relating to the exercise of the right of opposition. The body must render its decision within the time limit provided for in Article 41 of this law. The family judge rules on disputes relating to opposition when the person concerned is a child. »
The complaint may be:
Envoyée par mails sur l’adresse: inpdp@inpdp.nat.tn.
Faxée à l’Instance sur le numéro: 71 799 823
Envoyée par la poste sur l’adresse: 1, Rue Mohamed Moalla, 1002, Mutuelleville, Tunis B.P. 525
The Authority must render its decision within one month from the date of referral.
To note
The model request to exercise the right of opposition that we provide to you has been drawn up as an example.
Attention : The model request to exercise the right of opposition is not intended to replace the personalized advice that could be provided to you. Its purpose is to offer you an argument that you consider relevant to your situation.
