Cyber Security and Data Protection
and international forums mandated to deal with the protection of personal
information initiatives.
(2) Subject to this Act, the Authority shall not, in the lawful exercise of its
functions under this Act, be subject to the direction or control of any person or authority.
PART IV
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Quality of Data
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Quality of Data
(1) The data controller shall ensure that data processed is—
(a) adequate, relevant and not excessive in relation to the purposes for which
it is collected or further processed;
(b) accurate and, where necessary, kept up-to-date;
(c) retained in a form that allows for the identification of data subjects, for
no longer than necessary with a view to the purposes for which the data
is collected or further processed.
(2) The data controller shall take all appropriate measures to ensure that data
processed shall be accessible regardless of the technology used and ensure that the
evolution of technology shall not be an obstacle to the access or processing of such
data.
(3) The controller shall ensure compliance with the obligations set out in
subsections (1) and (2) by any person working under his or her authority and any
subcontractor.
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PART V
General Rules on the Processing of Data
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Generality
The data controller shall ensure that the processing of data is necessary and that
the data is processed fairly and lawfully.
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Purpose
(1) The data controller shall ensure that data is collected for specified, explicit
and legitimate purposes and, taking into account all relevant factors, especially the
reasonable expectations of the data subject and the applicable legal and regulatory
provisions, that the data is not further processed in a way incompatible with such
purposes.
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(2) Under the conditions established by the Authority, further processing of data
for historical, statistical or scientific research purposes is not considered incompatible.
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Non-sensitive data
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(1) Personal information may only be processed if the data subject or a
competent person, where the data subject is a child, consents to the processing of such
data.
(2) The consent referred to in subsection (1) may be implied where the data
subject is an adult natural person or has a legal persona and has full legal capacity to
consent.
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