Data Protection
[No. 3 of 2021 119
(5) A data controller shall on the first communication with the
data subject, expressly bring the rights of the data subject to the
attention of the data subject and present the information clearly
and separately from any other information.
62. (1) A data subject shall not be subject to a decision based
solely on automated processing, including profiling, which produces
legal effects concerning that data subject or similarly affects that
data subject.
Decision
taken on
basis of
automatic
data
processing
(2) Subsection (1) shall not apply if the decision is—
(a) necessary for entering into, or performance of, a contract
between the data subject and a data controller;
(b) authorised by any written law; or
(c) based on the data subject’s explicit consent.
(3) A data controller shall, in cases under subsection (2),
implement suitable measures to safeguard the data subject’s rights
and freedoms and legitimate interests, including the right to obtain
human intervention on the part of the data controller for purposes
of enabling the data subject to express the data subject’s point of
view and contest the decision.
(4) Automated data processing shall not be undertaken where
the processing involves sensitive personal data unless—
(a) the data subject has expressly consented to that processing;
(b) the processing is in the public interest; or
(c) the processing is permitted by any written law and suitable
measures to safeguard the data subject’s rights and
freedoms and legitimate interests are in place.
63. (1) A data subject may restrict a data controller from
processing that data subject’s personal data where the—
(a) accuracy of the personal data is contested by the data
subject, for a period enabling the data controller to verify
the accuracy of the personal data;
(b) data controller no longer needs the personal data for the
purposes of the processing, but it is required by the data
subject for the establishment, exercise or defence of
legal claims;
(c) data subject has objected to processing pursuant to section
60(1)(c) pending the verification whether the legitimate grounds
of the data controller override those ofthe data subject.
Right to
restriction of
processing
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