In June 2011, the Hong Kong Privacy Commissioner determined that data subject consent is NOT valid if it is what?
In June 2011, the Hong Kong Privacy Commissioner determined that data subject consent is NOT valid if it is what?
In June 2011, the Hong Kong Privacy Commissioner determined that data subject consent is not valid if it is bundled with other terms of the agreement. This form of consent is considered invalid because it does not meet the criteria for 'prescribed consent,' which requires the consent to be expressly provided and clearly distinguished from other terms and conditions. Therefore, when consent is bundled with other terms, it cannot be considered as the explicit agreement of the data subject for the specified purpose.
C. See paragraph 40: https://www.pcpd.org.hk/english/enforcement/commissioners_findings/investigation_reports/files/R11_7946_e.pdf
“bundled consent” obtained by the Bank( data controller/data user) cannot be regarded as an express consent, hence falling outside the definition of “prescribed consent”. DPP3 “Personal data shall not, without the "PRESCRIBED" consent of the data subject, be used for any purpose other than- (a) the purpose for which the data were to be used at the time of the collection of the data; or (b) a purpose directly related to the purpose referred to in paragraph (a).”