21 2019 Data Protection No. legitimate interest pursued by the data controller or data processor; (b) an assessment of the necessity and proportionality of the processing operations in relation to the purposes; (c) an assessment of the risks to the rights and freedoms of data subjects; (d) the measures envisaged to address the risks and the safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Act, taking into account the rights, and legitimate interests of data subjects and other persons concerned. (3) The data controller or data processor shall consult the Data Commissioner prior to the processing if a data protection impact assessment prepared under this section indicates that the processing of the data would result in a high risk to the rights and freedoms of a data subject. (4) For the purposes of this section, a “data protection impact assessment” means an assessment of the impact of the envisaged processing operations on the protection of personal data. (5) The data impact assessment reports shall be submitted sixty days prior to the processing of data. (6) The Data Commissioner shall set out guidelines for carrying out an impact assessment under this section. 32. (1) A data controller or data processor shall bear the burden of proof for establishing a data subject’s consent to the processing of their personal data for a specified purpose. (2) Unless otherwise provided under this Act, a data subject shall have the right to withdraw consent at any time. (3) The withdrawal of consent under sub-section (2) shall not affect the lawfulness of processing based on prior consent before its withdrawal. (4) In determining whether consent was freely given, account shall be taken of whether, among others, the performance of a contract, including the provision of a Conditions of consent. !

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