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Legislative CommentVol. 1 · Issue 3 · 2025 · pp. 180–202

Legislative Comment: The Data Protection Act's Consent Architecture

Sneha Balan

Institute of Legal Studies

Abstract

A clause-by-clause reading of the consent provisions, with attention to the exemptions available to the State and their compatibility with the privacy judgment.

Consent is the Act's organising idea, and also its weakest link.

The exemptions do more work than the operative provisions, and their breadth is not obviously proportionate.

The comment proposes narrowing amendments that would preserve legitimate State functions.

PrivacyData protectionConsent