Personal Data Protection Act
GN. NO. 395B (Contd)
Prohibition on
processing of
sensitive
personal data
30.-(1) A person shall not process sensitive
personal data without obtaining prior written consent of
the data subject.
(2) The consent under subsection (1) may be
withdrawn by the data subject at any time and without
any explanation or charges.
(3) The Minister may, by regulations, determine
circumstances in which the prohibition to process the
personal data referred to in this section cannot be
removed even with the data subject’s consent.
(4) Where the data subject from whom consent is
sought for the purpose of this Act, is a minor, a person of
unsound mind or any other person unable to consent,
such person’s consent shall be sought from his parents,
guardian, heirs, attorneys or any other person recognised
by law to be acting on behalf of the person whose
consent is to be sought.
(5) Subsection (1) shall not apply where(a) the processing is necessary for compliance
with other written laws;
(b) the processing is necessary to protect the vital
interests of the data subject or of another
person, where the data subject is incapable of
giving his consent or is not represented by his
legal representative;
(c) the processing is necessary for the institution,
trial or defence of legal claims;
(d) the processing relates to personal data which
has apparently been made public by the data
subject;
(e) the processing is necessary for the purposes
of scientific research and the Commission
has, by special guidelines, specified the
circumstances under which such processing
may be carried out; or
(f) the processing is necessary for the purposes
of medical reasons in the interest of the data
subject, and the sensitive personal data
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