Commission shall be required to appoint a data protection officer, who is wellversed in the collection and processing of personal data and the risks associated
with processing.
6. Consent for personal data processing. (1) The personal data of any kind of a data subject shall not be processed unless the data
controller seeks his consent before the commencement of the processing of the data
or as prescribed under the provisions of this Act.
(2) The consent of the data subject under sub-section (1) must be a free, specific,
informed, and unambiguous indication of the data subject's intentions that signifies
agreement to the processing of his data for the specified purpose communicated to
him.
(3) The burden of proof to establish that the data subject has given his consent to the
processing of data under this section shall lie with the data controller.
(4) The data subject shall have the right to withdraw his consent to the processing of
personal data at any time. The consequences of such withdrawal shall be borne by a
data subject. The withdrawal of consent shall not affect the lawfulness of processing
the personal data based on consent taken before its withdrawal.
(5) Where the data subject withdraws his consent to the processing of personal data
under-sub-section (4), the data controller shall, within a reasonable time, cease and
direct its data processors to cease processing the personal data of such data subject
unless such processing can happen without the consent of data subject or authorised
under the law.
(6) Notwithstanding sub-section (1), a data controller may process the personal data of a
data subject if the processing is necessary for the following: (a) for the performance of a contract to which the data subject is a party;
(b) for taking steps at the request of the data subject to enter into a contract;
(c) for compliance with any legal obligation to which the data controller is the
subject, other than an obligation imposed by a contract;
(d) for treatment, public health, medical or research purposes or to respond to any
medical emergency involving a threat to the life or the health of a data subject or
any other individual;
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