Data Protection
[No. 3 of 2021 111
PART VII
EXEMPTIONS FROM PRINCIPLES AND
RULES OF PROCESSING OF DATA
39. A data controller that processes personal data in the
interests of national security, defence and public order is exempt
from the provisions of part IV, except for section 12 (1) (c), (d),
(e) and (g).
National
security,
defence and
public order
40. (1) The processing of personal data in the interests of
prevention, detection, investigation and prosecution of an offence
or any other contravention of law shall not be permitted unless it is
authorised by a written law and is necessary for, and proportionate
to, such interests being achieved.
Prevention,
detection,
investigation
and
prosecution
of
contraventions
of law
(2) Processing authorised by law under subsection (1) shall be
exempt from the provisions of Part IV, except section 12 (1) (c),
(d), (e) and (g).
(3) A data controller shall not retain personal data processed
under subsection (1) once the purpose of prevention, detection,
investigation or prosecution of an offence or other contravention
of law is complete except where that personal data is necessary
for the maintenance of any record or database which constitutes a
proportionate measure to prevent, detect, investigate or prosecute
an offence or class of offences in future.
41. (1) Where processing of personal data is necessary for
enforcing a legal right or claim, seeking a relief, defending a charge,
opposing a claim, or obtaining legal advice from a legal practitioner
in an impending legal proceeding, that processing shall be exempt
from the provisions of Part IV except section 12 (1) (c), (d), (e)
and (g).
Processing
for purposes
of legal
proceedings
(2) Where processing of personal data by a court or tribunal is
necessary for the exercise of any judicial function, that processing
is exempt from the provisions of part IV except section 12 (1) (c),
(d), (e) and (g).
42. (1) Where processing of personal data is necessary for
research, archiving, or statistical purposes, that processing is exempt
from the provisions of Part IV, except section 12 (1)(c), (d), (e)
and (g).
(2) Despite subsection (1), where sensitive personal data is being
processed for research purposes that relate to scientific or historical
research by a person other than a public body, that person shall not
process such sensitive personal data without the authorisation of
the Data Protection Commisioner.
(3) Where personal data is being processed for scientifc
research purposes by a person other than a public body, that person
shall ensure that the personal data is anonymised
Research,
archiving or
statistical
purposes
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