Personal Data Protection Order, 2025 · As enacted · Part · Preliminary
10. Valid consent
Official textFrom Attorney General's Chambers, unchanged
An individual has not given consent under this Order 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 17; and
(b} the individual provided his consent for that purpose in accordance with this Order.
An individual has not given clear and unambiguous consent under this
Order for the use of his Brunei Darussalam telephone number for the purpose of receiving a direct marketing message unless -
direct marketing message
"direct marketing message" means a message, whether in sound, text, visual or other form, containing advertising or marketing material of a commercial nature which is directed to a particular individual;
(a} the individual has been provided with the information required under section 17;
(b} the individual provided his consent for that purpose in accordance with this Order; and
the consent of the individual is given in written or other form so as to be accessible for subsequent reference.
No organisation shall -
organisation
"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
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
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.
Any consent given in any of the circumstances in subsection (3) is not validly given for the purposes of this Order.
Terms defined in s 2
direct marketing message
Defined · s 2"direct marketing message" means a message, whether in sound, text, visual or other form, containing advertising or marketing material of a commercial nature which is directed to a particular individual;
organisation
Defined · s 2"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
personal data
Defined · s 2"personal data" means data, whether true or not, about an individual who can be identified - (a} from that data; or (bJ from that data and other information to which the organisation has or is likely to have access;
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