Right to prevent processing likely to cause damage or distress

16.(1) Subject to subsection (2), a data subject is entitled, by a written notice, to require the data controller at the end of a 21 day period to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that

(a) the processing of the data or the data controller’s processing for that purpose or in that manner is causing or is likely to cause substantial damage or distress to the data subject or another; and

(b) the damage or distress is or would be unwarranted.

(2) Subsection (1) does not apply

(a) in a case where any of the conditions in section 6(1)(a) or (b)(i), (ii), (iii) or (iv) is satisfied; or

(b) in such other cases as the Minister may prescribe by order.

(3) The data controller shall, within 21 days of receiving a notice under subsection (1), give the data subject written notice stating

(a) that he has complied or intends to comply with the data subject’s notice;

(b) the reasons for his refusal to comply with the data subject’s notice; or

(c) the reasons for complying with part of the data subject’s notice and the extent of that compliance.

(4) Where the High Court is satisfied, on the application of a data subject who has given notice under subsection (1), that the data controller in question has failed to comply with the notice, the Court may order the data controller to take such steps for complying with the notice as the Court sees fit.