Page 43 - Q&A

• Where processing is necessary for pursuing the legitimate interests of the
responsible party or of a third party to whom the information is supplied.

Only where a responsible party wishes to use your personal information for a
purpose which does not fall into one of the above categories, or if the data
subject is a minor child, or the information is deemed to be “special” in nature,
will the responsible party be obliged to ask for your consent.

That said, some businesses are adopting a “rather safe than sorry” approach to
consent and ask for consent at every turn, even if not always strictly necessary.
As businesses get used to when and where consent should be asked, these
requests will also probably become less frequent. Commercial
Another aspect to consider is what exactly is meant when we talk about
consent in terms of POPIA. Where you are required to give consent, such consent
must be specifically related to a particular objective or relationship, you must
understand exactly what you are consenting to, and your consent must be
voluntary and given of your own free will in order to be valid under the provisions
of POPIA.

Once you give consent, your personal information may only be used for the
purpose for which you agreed or gave consent to which must be clearly set out
as part of the consent requested. Any further use, or use not related to the initial
purpose, will require that you give further consent before the information may
be used for such additional purpose.
It is also important to take note that you are entitled to withdraw your consent
at any time. This means that you need not be concerned that by granting
consent for a particular purpose will mean that you can’t change your mind
later and retract your initial consent.

POPIA also requires that a responsible party does not keep the information
collected for longer than strictly required to fulfil the purpose for which it was
obtained in the first place.

So, although time will assist in clarifying the when and how businesses will
require you to give consent, it is clear, that consent is not a free for all, or a
life-time commitment you need to worry about. Should any business not adhere
to the requirements regarding consent you are entitled to query this and can
also if necessary, obtain assistance from your attorney to help address any
privacy or consent issues you feel is not being adhered to.

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