Personal Data Protection Act, No. 9 of 2022
(h)
57
processing is necessary for archiving purposes in the public
interest, scientific research or historical research purposes
or statistical purposes in accordance with law which shall
be proportionate to the aim pursued, protecting the data
protection rights enumerated in this Act or any other written
law and provide for suitable and specific measures to
safeguard the rights and freedoms of the data subject.
(Section 5 (c))
SCHEDULE III
CONDITIONS FOR CONSENT OF THE DATA SUBJECT
(a)
the controller shall demonstrate that the data subject has
consented to processing of the personal data relating to
such data subject;
(b)
if the consent of the data subject is given in the context of
a written declaration which also concerns other matters, the
request for consent shall be presented in a manner which is
clearly distinguishable from the other matters, in an
intelligible and easily accessible form, using clear and plain
language:
Provided that, such a declaration shall not constitute an
infringement of any provisions of this Act.
(c)
when assessing whether consent is freely given, special
consideration shall be taken of whether, inter alia, the
performance of a contract, including the provision of a
service, is conditional on consent to the processing of
personal data that is not necessary for the performance of
that contract; and
(d)
prior to giving consent, the data subject shall be informed
thereof that consent can be withdrawn anytime subject to
the provisions of this Act.
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