Consent under PDPB, 2019

By Reina Legal

13th December, 2019

The PDPB has placed consent as one of the grounds of processing of data.

  • The consent given by the individual should be  free, informed, specific, clear and capable of being withdrawn

For processing any sensitive data, in addition to the above conditions, the consent of the individual must be explicitly obtained as follows:

  • after informing him the purpose of, or operation in, processing which is likely to cause significant harm to the data principal;
  • in clear terms without recourse to inference from conduct in a context; and
  • after giving him the choice of separately consenting to the purposes of, operations in, the use of different categories of, sensitive personal data relevant to processing.

A very important aspect that has been touched upon in the Bill is to ensure that the consequence of an individual exercising his consent to processing of its personal data should not adversely affect the provision or quality of goods or services or performance of any contract or enjoyment of any legal claim or right.