Rule 3, notice to the Data Principal
In short
Rule 3 sets three requirements for the notice a Data Fiduciary gives a Data Principal. The notice must stand on its own, it must give a fair account in clear and plain language of what is needed for specific and informed consent, and it must give the means of withdrawing consent, exercising rights and complaining to the Board.
01The three requirements
| Clause | Requirement |
|---|---|
| 3(a) | The notice is presented and understandable independently of any other information that has been, is or may be made available by the Data Fiduciary |
| 3(b) | It gives, in clear and plain language, a fair account of the details necessary for specific and informed consent, including at a minimum an itemised description of the personal data, and the specified purpose or purposes together with a specific description of the goods or services to be provided or the uses to be enabled |
| 3(c) | It gives the particular communication link for accessing the website or app, or both, and a description of other means, if any, by which the Data Principal may withdraw consent, exercise her rights under the Act, and make a complaint to the Board |
02Three drafting consequences
- Standalone. Clause (a) rules out a consent notice that is only intelligible when read with the privacy policy or the terms of service. It has to work by itself.
- Itemised, not categorised. Clause (b) requires an itemised description of the personal data. A heading such as contact information does not meet that on its face.
- Withdrawal parity. The withdrawal route must be given with ease of doing so comparable to the ease with which consent was given. A one tap consent and a written request withdrawal do not sit comfortably together.
03Common questions
Can the notice sit inside the privacy policy?
Rule 3(a) requires the notice to be presented and understandable independently of any other information made available by the Data Fiduciary.
Does Rule 3 require a specific format?
No format is prescribed. The requirements are about content, independence and plain language.
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