(1)An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.
(2)If the court is satisfied, on the application of any person who has given a notice under subsection (1), that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.
[F1(2A)This section shall not apply in relation to the processing of such data as are mentioned in paragraph (1) of regulation 8 of the Telecommunications (Data Protection and Privacy) Regulations 1999 (processing of telecommunications billing data for certain marketing purposes) for the purposes mentioned in paragraph (2) of that regulation.]
(3)In this section “direct marketing” means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.
Textual Amendments
F1S. 11(2A) inserted (1.3.2000) by S.I. 1999/2093, reg. 3(3), Sch. 1 Pt. II para. 3