Data Protection
[No. 3 of 2021 115
(3) Processing by a data processor shall be governed by a
contract that sets out the subject matter and duration of the
processing, the nature and purpose of the processing, the type of
personal data and categories of data subjects, the obligations and
rights of the controller and any other matter, as prescribed.
(4) The Data Protection Commissioner may, for the purposes
of this section, issue guidelines specifying further obligations and
any other matters regarding data processors.
53. (1) Except as otherwise provided in this Act, a person Nonshall not disclose or otherwise cause any other person to receive disclosure of
personal data
the content or nature of any personal data that has been collected.
(2) Subject to subsection (3), a data controller or data processor
who seeks to disclose personal data shall, prior to its disclosure,
obtain the consent of the data subject.
(3) A data controller or data processor, who seeks to disclose
personal data, shall inform the data subject, prior to a disclosure of
personal data under this section, of the following details in respect
of the data subject’s personal data:
(a) when and to whom it will be disclosed;
(b) the purpose of its disclosure;
(c) the security practices, privacy policies and other policies,
if any, that will protect it; and
(d) the procedure for recourse in case of any grievance in
relation to it.
(4) A data controller or data processor shall not disclose, without
consent of the data subject, personal data unless it is necessary to
prevent—
(a) a reasonable threat to national security, defence or public
order; or
(b) investigate or prosecute a cognisable offence.
(5) A person who contravenes a provision of this section commits
an offence and is liable on conviction to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years or to both.
54. (1) Where two or more data controllers jointly determine Joint
the purposes and means of processing data, the joint controllers controllers
shall enter into an agreement which reflects the respective roles
and relationships of the joint controllers’ as they relate to the data
subject.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos