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Data Protection and Compliance in Context by Stewart Room

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CONSENSUAL PROCESSING (INCLUDING THE FIRST DATA PROTECTION PRINCIPLE)

The DPA’s promotion of consensual processing is compelling. In respect of the first data protection principle consent is the first criterion for making the processing of personal data legitimate (Schedule 2 of the DPA) and explicit consent is the first criterion for making the processing of sensitive personal data legitimate (Schedule 3 of the DPA). The data subject’s consent can also overcome the general prohibition against the transfer of personal data to countries outside the EEA that do not provide an adequate level of protection for the privacy of personal data undergoing processing (see Schedule 4 of the Act).

However, while the promotion of consent is compelling, there ...

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