112 No. 3 of
2021]
Data Protection
43. (1) Where the processing of personal data is necessary
for or relevant to a journalistic purpose, that processing is exempt
from the provisions of the Act, except—
(a) section 12(1)(c), (d), (e) and (g); and
(b) section 47.
(2) Subsection (1) applies only where a data controller can
demonstrate that the processing is in compliance with—
(a) the law regulating journalists in the Republic, or
(b) any code or guidelines issued by the Independent
Broadcasting Authority.
44. The requirement for the processing of personal data under
Processing to
be lawful and this Part shall be for the lawful and legitimate purposes.
Journalistic
purpose
legitimate
PART VIII
Record of
processing
activities
Data
protection
impact
assessment
DUTIES OF DATA CONTROLLER AND DATA PROCESSOR
45. (1) A data controller shall keep and maintain, in writing, a
record of—
(a) processing activities and meta data under its responsibility
in the prescribed manner and form; and
(b) all categories of processing activities carried out in the
prescribed manner and form.
(2) A data controller shall make the record available to the Data
Protection Commissioner on demand.
46. (1) A data controller shall, where a type of processing
uses new technologies, taking into account the nature, scope, context
and purposes of the processing, is likely to result in a high risk to
the rights and freedoms of an individual, prior to the processing,
carry out an assessment of the impact of the envisaged processing
operations on the protection of personal data.
(2) A data protection impact assessment under subsection (1)
is required where —
(a) personal data is procecessed using an automated
processing system, including profiling, which produces
legal effects concerning the natural person or similarly
significantly affects that natural person;
(b) processing on a large scale of sensitive personal data, or
of personal data relating to criminal convictions and
offences; or
(c) a systematic monitoring of a publicly accessible area on a
large scale.
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