(ii)
the recording or disclosure of the data is
laid down by law.
(4)
Where data are not collected directly from the data
subject concerned, the controller or any person acting on his or its
behalf shall ensure that the data subject is informed of the matters
specified in subsection (2).
24.
Conditions for consent
(1)
The controller shall bear the burden of proof for
establishing a data subject’s consent to the processing of his
personal data for a specified purpose.
(2)
The data subject shall have the right to withdraw his
consent at any time.
(3)
In determining whether consent was freely given,
account shall be taken of whether, inter alia, the performance of a
contract, including the provision of a service, is conditional on
consent to the processing of personal data that is not necessary
for the performance of that contract.
25.
Notification of personal data breach
(1)
controller
(a)
In the case of a personal data breach, the
shall without undue delay and, where feasible, not later
than 72 hours after having become aware of it, notify the personal
data breach to the Commissioner.
(b) Where the controller fails to notify the personal data
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