| Commentary

238 Data protection principles

| Commentary

238 Data protection principles1

  1. 238.1

        Personal data must be obtained and used fairly and lawfully which typically means that the consent of the data subject is required and in the case of sensitive personal data this must be explicit (an ‘opt-in’ rather than an ‘opt-out’ will be necessary).

  2. 238.2

        Personal data must be obtained only for one or more specified lawful purposes and must not be further processed in a manner that is incompatible with the specified purpose(s).

  3. 238.3

        Personal data must be adequate, relevant and not excessive in relation to the purpose.

  4. 238.4

        Personal data must be accurate

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