(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
does not deceptive or misleading to the data subject in respect to such purpose. In this regard,
the Committee may require the Data Controller to request for data subject's consent in accordance
with the form and statements as prescribed by the Committee.
In requesting consent from the data subject, the Data Controller shall utmost take
into account that the data subject's consent is freely given. Also, the entering into the contract,
including any provisions of the service shall not be a condition to obtaining consent for the
collection, use, or disclosure of Personal Data that is not necessary or not related to such contract
entering, including the provisions of the service.
The data subject may withdraw his or her consent at any time. The withdrawal
of consent shall be as easy as to giving consent, unless there is a restriction of the withdrawal of
consent by law, or the contract which gives benefits to the data subject. However, the withdrawal
of consent shall not affect the collection, use, or disclosure of personal data that the data subject
has already given consent legally under this Chapter.
In the event that the withdrawal of consent will affect the data subject in any
manner, the Data Controller shall inform the data subject of such consequences of consent's
withdrawal.
The request for the data subject’s consent which is not in accordance with those
prescribed in this Chapter shall have no binding effect on the data subject and shall no longer
enable the Data Controller to collect, use, or disclose the Personal Data.
Section 20
In the event that the data subject is a minor who is not sui juris
by marriage or has no capacity as a sui juris person under section 27 of the Civil and Commercial
Code, the request for the consent from such data subject shall be made as follows:
(1) In the event that the minor’s giving of consent is not any act which the minor
may be entitled to act alone as prescribed under section 22, section 23, or section 24 of the Civil
and Commercial Code, such act also requires consent of the holder of parental responsibility over
the child;
(2) Where the minor is below the age of ten years, the consent shall be obtained
from the holder of parental responsibility over the child.
In the event that the data subject is incompetent, the consent must be obtained
from the custodian who has the power to act on behalf of the incompetent person.
In the event that the data subject is quasi-incompetent, the consent must be
obtained from the curator who has the power to act on behalf of the quasi-incompetent person.
The provisions of paragraphs one, two, and three shall apply mutatis mutandis
to the withdrawal of consent of the data subject, the notice given to the data subject, the exercise
of rights of the data subject, the complaint of the data subject, and any other acts under this Act
for the data subject who is a minor, an incompetent or quasi-incompetent person.
Section 21
The Data Controller shall collect, use, or disclose Personal Data
according to the purpose notified to the data subject prior to or at the time of such collection.
The collection, use, or disclosure of Personal Data shall not be conducted in a
manner that is different from the purpose previously notified to the data subject in accordance
with paragraph one, unless:
(1) the data subject has been informed of such new purpose, and the consent is
obtained prior to the time of collection, use, or disclosure;
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