Data Protection
[No. 3 of 2021 103
(ii) to comply with an obligation imposed by law; or
(iii) for the conduct of proceedings in any court or
tribunal that have commenced or are reasonably
contemplated; or
(iv) for the purposes of national security;
(e) collection from the data subject would prejudice a lawful
purpose of the collection;
(f) compliance is not reasonably practicable in the
circumstances of the particular case; or
(g) it is—
(i) necessary for the provision of an emergency
medical service to the data subject;
(ii) required for the establishment of the identity of
the data subject and the collection is authorised
by a law written for that purpose;
(iii) necessary to prevent a reasonable threat to national
security, defence or public order; or
(iv) necessary to prevent, investigate or prosecute a
cognisable offence.
17. (1) Where a data subject is a child or a vulnerable person,
that data subject’s right may be exercised by that data subject’s
parents, legal guardian or a person exercising parental responsibility
as the case may be.
Processing of
child and
vulnerable
person’s
personal data
(2) A data controller shall not process a child’s or vulnerable
person’s personal data unless consent is given by the child’s or
vulnerable person’s parent, legal guardian or a person exercising
parental responsibility.
(3) A data controller shall, where the personal data of a child or
a vulnerable person is involved, make every reasonable effort to
verify that consent has been given or authorised, taking into account
available technology.
(4) A data controller shall incorporate appropriate mechanisms
for age verification and parental consent in the processing of personal
data of a child.
18. (1) A body corporate that contravenes the provisions of
this Part commits an offence and is liable on conviction to—
(a) a fine not exceeding one hundred million penalty units; or
(b) two percent of annual turnover of the preceding financial
year, whichever is higher.
Offence and
penalty for
contravention
of personal
data
obligation
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