The purpose of this Act is to govern the collection, use and disclosure of personal data by organisations in a manner that recognises both the right of individuals to protect their personal data and the need of organisations to collect, use or disclose personal data for purposes that a reasonable person would consider appropriate in the circumstances.
(c) any public agency or an organisation in the course of acting on behalf of a public agency in relation to the collection, use or disclosure of the personal data; or
(b) personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) shall apply in respect of personal data about an individual who has been dead for 10 years or fewer.
(3) The Commission shall not furnish any information to a foreign data protection body pursuant to a co-operation agreement unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, including terms that correspond to the provisions of any written law concerning the disclosure of that information by the Commission.
(a) those terms correspond to the provisions of any law in force in the country or territory in which the foreign data protection body is established, being provisions which concern the disclosure by the foreign data protection body of the information referred to in paragraph (b); and
(a) the individual gives, or is deemed to have given, his consent under this Act to the collection, use or disclosure, as the case may be; or
(b) the collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or any other written law.
(1) An individual has not given consent under this Act for the collection, use or disclosure of personal data about the individual by an organisation for a purpose unless —
(a) as a condition of providing a product or service, require an individual to consent to the collection, use or disclosure of personal data about the individual beyond what is reasonable to provide the product or service to that individual; or
(b) obtain or attempt to obtain consent for collecting, using or disclosing personal data by providing false or misleading information with respect to the collection, use or disclosure of the personal data, or using deceptive or misleading practices.
(4) In this Act, references to consent given, or deemed to have been given, by an individual for the collection, use or disclosure of personal data about the individual shall include consent given, or deemed to have been given, by any person validly acting on behalf of that individual for the collection, use or disclosure of such personal data.
(1) An individual is deemed to consent to the collection, use or disclosure of personal data about the individual by an organisation for a purpose if —
(2) If an individual gives, or is deemed to have given, consent to the disclosure of personal data about the individual by one organisation to another organisation for a particular purpose, the individual is deemed to consent to the collection, use or disclosure of the personal data for that particular purpose by that other organisation.
(1) On giving reasonable notice to the organisation, an individual may at any time withdraw any consent given, or deemed to have been given under this Act, in respect of the collection, use or disclosure by that organisation of personal data about the individual for any purpose.
(3) An organisation shall not prohibit an individual from withdrawing his consent to the collection, use or disclosure of personal data about the individual, but this section shall not affect any legal consequences arising from such withdrawal.
(4) Subject to section 25, if an individual withdraws consent to the collection, use or disclosure of personal data about the individual by an organisation for any purpose, the organisation shall cease (and cause its data intermediaries and agents to cease) collecting, using or disclosing the personal data, as the case may be, unless such collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under this Act or other written law.
(a) the purposes for the collection, use or disclosure of the personal data, as the case may be, on or before collecting the personal data;
(b) any other purpose of the use or disclosure of the personal data of which the individual has not been informed under paragraph (a), before the use or disclosure of the personal data for that purpose; and
(c) on request by the individual, the business contact information of a person who is able to answer on behalf of the organisation the individual’s questions about the collection, use or disclosure of the personal data.
(2) An organisation, on or before collecting personal data about an individual from another organisation without the consent of the individual, shall provide the other organisation with sufficient information regarding the purpose of the collection to allow that other organisation to determine whether the disclosure would be in accordance with this Act.
(a) the individual is deemed to have consented to the collection, use or disclosure, as the case may be, under section 15; or
(b) on request by the individual, the business contact information of a person who is able to answer the individual’s questions about that collection, use or disclosure on behalf of the organisation.
(d) reveal the identity of an individual who has provided personal data about another individual and the individual providing the personal data does not consent to the disclosure of his identity; or
(4) An organisation shall not inform any individual under subsection (1) that it has disclosed personal data to a prescribed law enforcement agency if the disclosure was made without the consent of the individual pursuant to paragraph 1(f) or (n) of the Fourth Schedule or under any other written law.
An organisation shall protect personal data in its possession or under its control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks.
(ii) information about the collection, use or disclosure of personal data;
(c) that the disclosure of the information is not likely to be contrary to the public interest.
(q) the personal data was disclosed by a public agency, and the collection is consistent with the purpose of the disclosure by the public agency; or
(ii) is collected by the organisation for purposes consistent with the purpose of that disclosure.
For the avoidance of doubt, personal data disclosed before the appointed day in the circumstances and conditions set out in the Fourth Schedule shall satisfy paragraph 1(r), notwithstanding that section 17(3) was not in force at the time of the disclosure.
(a) the disclosure is necessary for any purpose which is clearly in the interests of the individual, if consent for its disclosure cannot be obtained in a timely way;
(b) the disclosure is necessary to respond to an emergency that threatens the life, health or safety of the individual or another individual;
(c) subject to the conditions in paragraph 2, there are reasonable grounds to believe that the health or safety of the individual or another individual will be seriously affected and consent for the disclosure of the data cannot be obtained in a timely way;
(e) the disclosure is necessary in the national interest;
(f) the disclosure is necessary for any investigation or proceedings;
(g) the disclosure is to a public agency and such disclosure is necessary in the public interest;
(h) the disclosure is necessary for evaluative purposes;
(i) the disclosure is necessary for the organisation to recover a debt owed by the individual to the organisation or for the organisation to pay to the individual a debt owed by the organisation;
(j) the disclosure is necessary for the provision of legal services by the organisation to another person or for the organisation to obtain legal services;
(o) the disclosure is for the purpose of contacting the next of kin or a friend of any injured, ill or deceased individual;
(q) subject to the conditions in paragraph 4, the disclosure is for a research purpose, including historical or statistical research;
(r) the disclosure is for archival or historical purposes if a reasonable person would not consider the personal data to be too sensitive to the individual to be disclosed at the proposed time; or
In the case of disclosure under paragraph 1(c), the organisation shall, as soon as may be practicable, notify the individual whose personal data is disclosed of the disclosure and the purposes of the disclosure.
(2) In the case of disclosure to a prospective party to a business asset transaction —
(b) it is impracticable for the organisation to seek the consent of the individual for the disclosure;