Learning Material Sample

Data Protection law in the UK

6. Consent

The requirement of consent in relation to the holding and processing of personal data.

Consent is the least useful ‘lawful basis’ due to the requirements surrounding its use. Cons...

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...quirement for consent. In addition, people are unlikely to volunteer information if they do not consent.
The main area where consent is an issue is where the processing is for marketing purposes that cannot justifiably be completed based on legitimate interests.

Obtaining consent

Data Subjects must be provided with a clear explanation of the Data Processing to which they are consenting. There must be a clear opt-in to this consent and it must be entirel...

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... is also designed to inform the Data Subject of risks associated with the processing of Personal Data.

Information to include:

Controller identity & location

Purpose of processing

Third party involvements

Access and correction rights

Right to be forgotten and to object

Right to withdraw consent

Mechanism for exercising rights

There is no specific requirement to use any particular method to obtain consent; it can be by any appropriate method. ‘Appropriate’ is key here and depends upon the circumstances. The following com...

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...uishable.

Proof

A Data Controller must be able to demonstrate that consent was obtained. The burden of proof is on the Data Controller and the requirement is not prescriptive in terms of the method used.

The Data Subject must be ...

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...mparted to Data Subjects.
Any pre-exist...

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...e under GDPR.
If this needs to be collected to fulfil contractual oblig...

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...sed products, so covering insurance, life & pensions.

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