Explanation
Article 7 of the KSA PDPL ensures that organizations cannot make consent a requirement for providing a service or benefit unless that service or benefit directly depends on the personal data being processed. If the service or benefit can be provided without processing certain personal data, consent cannot be used as a condition.
This means that if an organization can provide a service or benefit without processing certain personal data, they should not make consent, as a condition, for that data processing a mandatory requirement. The processing of personal data must be relevant and necessary for the specific service or benefit being offered. If it is not necessary, the individual should have the option to receive the service or benefit without consenting (Without satisfying the condition) to the processing of their data.
You can say that Article 7 essentially states that organizations should not force data subjects to give consent for processing their personal data unless it is genuinely necessary for the provision of a specific service or benefit.
In short, the article prohibits making consent a mandatory requirement when the service or benefit can be provided without processing the specific personal data in question. Consent should be freely given and not forced or tied to unrelated services or benefits.
Key Points
- Consent as a Condition: Consent for processing personal data cannot be mandatory unless it’s directly related to the service or benefit being offered.
- Direct Relation Requirement: Consent can only be required if the service or benefit directly involves the data processing in question.
Examples
- Permissible – Legitimate Conditional Consent
- Imagine an online bank offering personalized financial advice. To provide tailored advice, the bank needs to analyze the customer’s financial transactions and spending habits. In this case, the bank can require the customer’s consent to access and process their financial data as it is directly relevant and necessary to deliver the personalized service. The customer’s consent is legitimate because the service (personalized financial advice) cannot be provided without processing the specific personal data.
- A healthcare provider may require consent to process medical records for treatment because the data is directly related to the service.
- Not Permissible – Illegitimate Conditional Consent
- Consider a scenario where a mobile phone company offers a discount on phone accessories but requires customers to consent to their personal data being shared with third-party marketing companies. The processing of personal data for marketing purposes is not necessary to provide the discount on accessories. In this case, the company cannot make consent to data sharing a condition for receiving the discount. The customer should be able to purchase the accessories at the discounted price without being forced to agree to unrelated data processing activities.
- A retailer cannot require consent to share customer data with advertisers as a condition for accessing their online store.
Activation Steps
- Review Services: Ensure services that require data processing are directly related to the data in question.
- Update Consent Forms: Clearly specify why consent is needed and how it’s related to the service.
- Implement Controls: Ensure services can be provided without unnecessary data processing if consent is not given.
- Monitor Compliance: Regularly audit consent practices to align with Article 7.
Use Cases
- Financial Services: A bank can ask for consent to check your credit score but shouldn’t require consent for unrelated marketing.
- Online Subscriptions: You might need to give consent for personalized content, but not just to use the service.
- Loyalty Programs: Stores shouldn’t make you agree to unrelated data use just to join a loyalty program.
Dependencies
- Article 5: Article 7 builds on the rules for obtaining consent outlined in Article 5.
- Transparency: Organizations must clearly communicate why they need consent and how it relates to the service.
Tools and Technologies
- Consent Management Platforms (CMPs): Tools like OneTrust help manage and ensure consent compliance.
- Data Protection Impact Assessment (DPIA) Tools: Tools like IBM Guardium ensure data processing aligns with service needs.
- Audit and Compliance Software: Solutions like RSA Archer (GRC related tool) can monitor and audit compliance with Article 7.
For Your Further Reading:
- KSA PDPL – Initial Framework
- KSA NDMO – Data Catalog and Metadata
- KSA NDMO – Personal Data Protection – Initial Assessment
- TOGAF – ADM (Architecture Development Method) vs. Enterprise Continuum
- KSA NDMO – DG Artifacts Control – Data Management Issue Tracking Register
- KSA NDMO – Classification Process – Data Classification Metadata
- Enterprise Architecture & Architecture Framework
- Enterprise Architecture Governance
- Data Security Standards
- Data Steward – Stewardship Activities
- Data Modeling – Metrics and Checklist
- How to Measure the Value of Data
- What is Content and Content Management?
