! 22 Data Protection No. 2019 service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract. 33. (1) Every data controller or data processor shall not process personal data relating to a child unless— Processing of personal data relating to a child. (a) consent is given by the child’s parent or guardian; and (b) the processing is in such a manner that protects and advances the rights and best interests of the child. (2) A data controller or data processor shall incorporate appropriate mechanisms for age verification and consent in order to process personal data of a child. (3) Mechanisms contemplated under sub-section (2) shall be determined on the basis of— (a) available technology; (b) volume of personal data processed; (c) proportion of such personal data likely to be that of a child; (d) possibility of harm to a child arising out of processing of personal data; and (e) such other factors as may be specified by the Data Commissioner. (4) A data controller or data processor that exclusively provides counselling or child protection services to a child may not be required to obtain parental consent as set out under sub-section (1). 34. (1) A data controller or data processor shall, at the request of a data subject, restrict the processing of personal data where— (a) accuracy of the personal data is contested by the data subject, for a period enabling the data controller to verify the accuracy of the data; (b) personal data is no longer required for the purpose of the processing, unless the data controller or data processor requires the personal data for the establishment, exercise or defence of a legal claim; Restrictions on processing.

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