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.