No. 24 of 2019
Data Protection
[Subsidiary]
(b)
the collection, use, or disclosure of health data is for health research and
related purposes;
(c)
the use or disclosure of genetic information where necessary and obtained in
course of providing a health service;
(d)
the disclosure of health information for a secondary purpose to a responsible
person for a data subject.
(2) A permitted health situation under sub-regulation (1) applies where a data controller
or data processor discloses health data about a data subject, and—
(a)
they provide a health service to the data subject;
(b)
the recipient of the personal data is a responsible person for the data subject;
(c)
a data subject is either physically or legally incapable of giving consent to the
disclosure, or physically cannot communicate consent to the disclosure;
(d)
the disclosure is necessary to provide appropriate care or treatment of a data
subject, or the disclosure is made for compassionate reasons;
(e)
the disclosure is not contrary to any wish expressed by the data subject before
the data subject became unable to give or communicate consent of which
the carer is aware or of which the carer could reasonably be expected to be
aware; and
(f)
the disclosure is limited to the extent reasonable and necessary to provide
appropriate care or treatment of the individual or to fulfil the purpose of making
a disclosure for compassionate reasons.
PART X – GENERAL PROVISIONS
58. Complaints against data controller and data processor
A person aggrieved by a decision of a data controller or a data processor under this
Regulation or non-compliance with any provision may lodge a complaint with the Data
Commissioner in accordance with the Act and regulations on complaints handling made
thereunder.
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