102 No. 3 of
2021]
Data Protection
(3) Prior to giving consent, the data subject shall be informed of
the data subject’s right to withdraw the consent.
(4) A data controller shall, where processing is based on consent,
demonstrate that the data subject has consented to the processing.
(5) Where a data subject consents in the form 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.
(6) A data subject shall have the right to withdraw consent at
any time.
(7) The withdrawal of consent shall not affect the lawfulness
of processing based on consent under subsection (5) before its
withdrawal and all personal data collected following withdrawal of
the consent shall, subject to the provisions of this Act, be destroyed
immediately.
(8) A data subject may object, at any time, to the processing
of that data subject’s personal data.
(9) Where a data subject has objected to the processing of
that data subject’s personal data, the data controller or data
processor shall no longer process that personal data.
Collection of
personal data
16. (1) Subject to subsection (2), a data controller shall collect
personal data directly from a data subject.
(2) A data controller may collect personal data from a source
other than the data subject if—
(a) the data is contained in or derived from a public record or
has intentionally been made public by the data subject;
(b) the data subject has consented to the collection of data
from another source;
(c) collection of data from another source would not prejudice
the interest of the data subject;
(d) collection of data from another source is necessary—
(i) to avoid prejudice to the maintenance of the law
and order by any public body, including the
prevention, detection, investigation, prosecution
and punishment of an offence;
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