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bruneilawsby aturio
In forceAs enacted
Contents

Part · Preliminary

11. Deemed consent

( 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 -

(a)

the individual, without actually giving consent referred to in section 10, voluntarily provides the personal data to the organisation for that purpose; and

(b)

it is reasonable that the individual would voluntarily provide the data.

(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.

(3)

Without limiting subsection (2) and subject to subsection (7), an individual (P} who provides personal data to an organisation (A) with a view to P entering into a contract with A is deemed to consent to the following -

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(a} the disclosure of that personal data by A to another organisation (B), where the disclosure is reasonably necessary for the conclusion of the contract between PandA;

(b)

the collection and use of that personal data by B, where the collection and use is reasonably necessary for the conclusion of the contract between P and A;

{c)

the disclosure of that personal data by B to another organisation, where the disclosure is reasonably necessary for the conclusion of the contract between PandA.

(4)

Where an organisation collects personal data disclosed to it by B under subsection (3){c}, subsection (3){b} and {c) applies to the organisation as if the personal data were disclosed by A to the organisation under subsection (3){a}.

(5)

Without limiting subsection (2) and subject to subsection (7), an individual {P} who enters into a contract with an organisation {A} and provides personal data to A pursuant or in relation to that contract is deemed to consent to the following -

fa} the disclosure of that personal data by A to another organisation {B), where the disclosure is reasonably necessary-

(i)

for the performance of the contract between PandA; or

(ii)

for the conclusion or performance of a contract between A and B which is entered into at P's request, or if a reasonable person would consider the contract to be in P's interest;

(b)

the collection and use of that personal data by B, where the collection and use are reasonably necessary for any purpose mentioned in paragraph {a};

{c) the disclosure of that personal data by B to another organisation, where the disclosure is reasonably necessary for any purpose mentioned in paragraph (a}.

(6)

Where an organisation collects personal data disclosed to it by B under subsection (5){c}, subsection (5){b} and {c) applies to the organisation as if the personal data were disclosed by A to the organisation under subsection (5)(a}.

(7)

Subsections (3), (4), (5) and (6) do not affect any obligation under the contract between P and A that specifies or restricts -

{a} the personal data provided by P that A may disclose to another organisation; or

{b) the purposes for which A may disclose the personal data provided by P to another organisation.

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