controller shall have the obligation to erase personal data within a period of 14 days where
one or more of the following condition applies:
(a) the personal data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based in accordance with
section 21 (1) and where there is no other legal ground for the processing;
(c) the data subject objects to the processing pursuant to sub-section (1) of section 23and
there are no overriding legitimate grounds for the processing, or the data subject objects to
the processing pursuant to sub-section (2) of section 23;
(d) the personal data have been unlawfully processed; or
(e) the personal data have to be erased for compliance with a legal obligation.
(2) Where the data controller has made the personal data public and is obliged pursuant to
subsection (1) to erase the personal data, the data controller, taking account of available
technology and the cost of implementation, shall take reasonable steps, including technical
measures, to inform data processors which are processing the personal data that the data
subject has requested the erasure by such data controllers of any links to, or copy or
replication of, those personal data.
(3) Subsections (1) and (2) shall not apply to the extent that processing is necessary:
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation or for the performance of a task carried out in the
public interest or in the exercise of official authority vested in the controller;
(c) for reasons of public interest in the area of public health;
(d) for archiving purposes in the public interest, scientific or historical research purposes or
statistical purposes in so far as the right referred to in subsection (1) is likely to render
impossible or seriously impair the achievement of the objectives of that processing; or
(e) for the establishment, exercise or defence of legal claims.
CHAPTER IV
PROCESSING OF SENSITIVE PERSONAL DATA
26. Processing of sensitive personal data.- (1) Subject to subsection (2) of section 5, a data
controller shall not process any sensitive personal data of a data subject except in accordance
with the following conditions:
(a) the data subject has given his explicit consent to the processing of the personal data; and
(b) the processing is necessary—
(i) for the purposes of exercising or performing any right or obligation which is conferred or
imposed by law on the data controller in connection with employment; or
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