The simple answer is no. Although consent is one of the fundamental requirements in the Protection of Personal Information Act, the Act requires more than just consent.
When referring to Section 18 of the Act, certain notifications must be given to a person when collecting their personal information. Such notification includes the following:
- What information is being collected;
- Should the information not be collected directly from the person, the source that provides the information must be identified;
- Name and address of the party/business collecting the information;
- The reason why the information is being collected;
- Is the collection of information voluntarily or mandatory;
- What will happen should the information not be supplied;
- Informing the person which law authorises/requires the collection of information;
- Where the business transfers the information to a third country or international organisation, they must inform the person of such transfer as well as the level of protection by such country/organisation.
Section 18 also emphasise that the party that collects the information must inform the person from whom information is being collected of their rights to the following:
- The recipient or category of recipients of the information;
- The category or nature of the information;
- That the person has the right to access and rectify their information with the party that collected the information;
- That they may object to the processing of their information;
- The information of the Regulator to lodge a complaint.
The notifications as mentioned above should be done before the information is collected or as soon as possible after the collection has taken place.
Please note that Section 18 of the Act includes certain circumstances where notification does not have to be given when collecting information, but it will be advisable to give such notification before the information is collected to ensure that your business is compliant with the Act.
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