Legitimate expectation

Even where a statutory provision to acquire data exists, the concept of legitimate expectation may arise. Legitimate expectation is based on the premise that individuals may, on the basis of past practise and custom, have an expectation that the data they provide will only be used in a particular way, even if this assumption has no specific basis in law. It may be unlawful to use the data in a particular way, until the individuals concerned have been consulted or advised of the new use proposed. In practical terms, potential breaches of legitimate concern must be treated as if there is no statutory authority to use the data concerned.

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