the data controller shall not be required to comply with the requirements of section 7 in
respect of the subsequent collection if—
(A) to comply with those provisions in respect of that subsequent collection would be to
repeat, in the same circumstances, what was done to comply with that principle in
respect of the first collection; and
(B) not more than twelve months have elapsed between the first collection and the
subsequent collection.
(2) For the avoidance of doubt, it is declared that subsection (1) shall not operate to prevent a
subsequent collection from becoming a first collection if the data controller concerned has
complied with the provisions of the notice and consent in respect of the subsequent
collection.
28. Exemption (1) There shall be exempted from the provisions of this Act personal data
processed by an individual only for the purposes of that individual’s personal, family or
household affairs, including recreational purposes.
(2) Subject to section [], personal data—
(a) processed for—
(i) the prevention or detection of crime or for the purpose of investigations;
(ii) the apprehension or prosecution of offenders; or
(iii) the assessment or collection of any tax or duty or any other imposition of a similar
nature,
shall be exempted from sections 5, 6, 7 and subsection (2) of section 8 of this Act and such
other related provisions of this Act as may be prescribed by the Commission for
specific purposes;
(b) processed in relation to information of the physical or mental health of a data subject shall
be exempted from subsection (2) of section 8 and other related provisions of this Act of
which the application of the provisions to the data subject would be likely to cause serious
harm to the physical or mental health of the data subject or any other individual;
(c) processed for preparing statistics or carrying out research shall be exempted from sections
5, 6, 7 and subsection (2) of section 8 of the Act and other related provisions of this Act,
provided that such personal data is not processed for any other purpose and that the resulting
statistics or the results of the research are not made available in a form which identifies the
data subject;
(d) that is necessary for the purpose of or in connection with any order or judgment of a court
shall be exempted from sections 5, 6, 7 and subsection (2) of section 8 of the Act and other
related provisions of this Act;
(e) processed for the purpose of discharging regulatory functions shall be exempted from
sections 5, 6, 7 and subsection (2) of section 8 of the Act and other related provisions of this
Act if the application of those provisions to the personal data would be likely to prejudice the
proper discharge of those functions; or
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents