9. Consent to Processing

9.—

1. Any consent required to be given, by a data subject, to the processing of personal data—

(a) means any informed, specific, unequivocal, freely given, expression of will by which the data subject agrees to the processing of that data subject’s personal data;

(b) includes any such expression of consent given by—

(i) the legal personal representative of the data subject;

(ii) any individual to whom the data subject delegates, in writing in such form and manner as may be prescribed, the right to give or withhold consent to the processing;

(iii) in the case of a minor, (subject to section 5(a)(i)), a parent or legal guardian of the minor; or

(iv) in the case of an individual who by reason of any mental impairment is unable to act, the person entitled to act for that individual under section 5(a)(ii); and (c) may be withdrawn in the same manner in which it may be given under paragraph (a).

2. For the purposes of subsection (1)—

(a) “informed” with reference to the giving of consent means that at the time in question the data subject is informed about how the personal data will be processed, including the purpose for which the data will be used and the class of persons to whom the personal data may be transferred; and

(b) consent is not freely given if the data subject is required, as a condition for the provision of any goods or services to the data subject, to consent to the collection, use or disclosure of the data subject’s personal data beyond what is reasonable for the provision of those goods or services.