Collection of Personal Information without Consent (S.12)
This is probably a most important section which makes a list of the situation wherein organization may collect the personal information without expressed or implied consent of the individual and they are:-
- If the collection is in the interest of the individual and the consent cannot be obtained in a timely way.
- If the collection is necessary for medical treatment and the individual is unable to give consent.
- In order to observe the performance at Sports meet or similar kind of event where an individual voluntarily appears and the event is open to the public.
- Information available in public forms.
- Where collection is necessary to check the suitability of the individual to receive an honour, award, honorary degree, scholarship or bursary or similar benefits or to select for artistic or athletic purposes.
- When an organization is a credit report agency and individual consents to create a credit report.
- Personal information necessary to facilitate the collection of debt owed to/by the organization.
- Personal information collected to give the legal services to third person and collection is must to meet those ends.
The above given list is indicative and important. In order to know more about the list please refer to the section mentioned above.
U/s.13 an organization may collect the personal information of the individual without consent, in case of research or statistical research, disclosure for archival or historical purposes when such purposes cannot be completed without that information.
When the information is about someone not heard for 20 years or more and information in record has been in existence for 100 years or more no such consent is mandatory and organization may disclose it.