Skip to content
In force2020 Revised Edition

Part 4 · Collection, Use and Disclosure of Personal Data

14. Provision of consent

Feedback & support
(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)

the individual has been provided with the information required under section 20; and

(b)

the individual provided his or her consent for that purpose in accordance with this Act.

(2)

An organisation must not —

(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.

(3)

Any consent given in any of the circumstances in subsection (2) is not validly given for the purposes of this Act.

(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 include consent given, or deemed to have been given, by any person validly acting on that individual’s behalf for the collection, use or disclosure of such personal data.

Report

Part 5

Access to and Correction of Personal Data

Part 6

Care of Personal Data

Part 6A

Notification of Data Breaches

Part 7

Part 8

Part 9

Do Not Call Registry

Part 9A

Dictionary Attacks and Address‑Harvesting Software

Part 9B

Offences Affecting Personal Data and Anonymised Information

Part 9C

Enforcement

Part 9D

Appeals

Part 10

General

Schedules