Section 41

has complied with the provisions of the

Notice and Choice Principle under section 7 in respect of the collection of personal data from the data subject, referred to as the “first collection”; and

on any subsequent occasion again collects personal data from that data subject, referred to as the “subsequent collection”, the data user is not required to comply with the provisions of the Notice and Choice Principle in respect of the subsequent collection if—

to comply with those provisions in respect of that subsequent collection would be to repeat, in the same circumstances, what was done to comply with that principle in respect of the first collection; and not more than twelve months have elapsed between the first collection and the subsequent collection.

Act 709

For the avoidance of doubt, it is declared that subsection (1)

shall not operate to prevent a subsequent collection from becoming a first collection if the data user concerned has complied with the provisions of the Notice and Choice Principle in respect of the subsequent collection.

Right to prevent processing likely to cause damage or distress