Cap. 11:22
Data Protection
No. 5/2021
subject’s consent (taking into account the factors surrounding the prohibition and the
reasons for collecting the data).
(4) The Minister responsible for the Cyber security and Monitoring Centre in
consultation with the Minister, may give directions on how to implement this section
with respect to sensitive information affecting national security or the interests of the
State.
(5) The provisions of subsection (1) shall not apply where—
(a) the processing is necessary to carry out the obligations and specific rights
of the controller in the field of employment law; or
(b) the processing is necessary to protect the vital interests of the data subject
or of another person, where the data subject is physically or legally
incapable of giving his or her consent or is not represented by his or her
legal, judicial or agreed representative; or
(c) the processing is carried out in the course of its legitimate activities by
a foundation, association or any other non-profit organisation with a
political, philosophical, religious, health-insurance or trade-union purpose
and on condition that the processing relates solely to the members of the
organisation or to persons who have regular contact with it in connection
with such purposes and that the data is not disclosed to a third party
without the data subjects’ consent; or
(d) the processing is necessary to comply with national security laws; or
(e) the processing is necessary, with appropriate guarantees, for the
establishment, exercise or defence of legal claims; or
(f) the processing relates to data which has been made public by the data
subject; or
(g) the processing is necessary for the purposes of scientific research:
Provided the Authority shall be entitled to specify the conditions
under which such processing may be carried out; or
(h) the processing of data is authorised by a law or any regulation for any
other reason constituting substantial public interest.
(6) Without prejudice to the application of sections 5 to 8, the processing of
data relating to sex life is authorised if—
(a) it is carried out by an association with a legal personality or by an
organisation of public interest whose main objective, according to its
Memorandum and Articles of Association, is the evaluation, guidance
or treatment of persons of such sexual conduct, and who is recognised
by a competent public body as being responsible for the welfare of such
persons;
(b) the objective of the processing of the data consist of the evaluation,
guidance and treatment of the persons referred to in this section, and the
processing of data relates only to the afore-mentioned persons:
Provided that the competent public body referred to in paragraph (a) grants a
specific, individualised authorisation, having received the opinion of the Authority.
(7) The authorisation referred to in this section shall specify the duration of the
authorisation, the conditions for supervision of the authorised association or organisation
by the competent public body, and the way in which the processing must be reported
to the Authority.
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