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(ii) nature or category of the information; and
(iii) existence of the right of access to and the right to rectify the information
collected.
(2) The steps referred to in subsection (1) shall be taken –
(a) before the information is collected, unless the data subject is already aware of the
information under subsection (1); or
(b) in any other case, as soon as reasonably practicable after it has been collected.
(3) A data controller which has previously taken the steps referred to in subsection (1) shall
be deemed to be in compliance with subsection (1) in relation to the subsequent collection of
information or information of the same kind from the data subject if the purpose of collection
of the information is unchanged.
(4) A data controller may not comply with subsection (1) where –
(a) the data subject has provided consent for non-compliance with that subsection;
(b) non-compliance with that subsection would not prejudice the legitimate interests
of the data subject as set out under this Act;
(c) non-compliance with that subsection is necessary –
(i) to avoid prejudice to the maintenance or enforcement of law and order;
(ii) to enforce a law imposing a pecuniary penalty;
(iii) to enforce legislation concerning the collection of revenue by the state;
(iv) for the conduct of proceedings in any court or tribunal that have been
commenced or are reasonably contemplated, or are in the interests of national
security;
(d) compliance with subsection (1) would prejudice a lawful purpose of the collection
of the personal information;
(e) compliance with subsection (1) is not reasonably practicable in the circumstances
of the particular case; or
(f) the information shall –
(i) not be used in a form in which the data subject may be identified; or
(ii) be used for historical, statistical or research purposes.
Purpose specification and further processing limitation
12. (1) Personal data shall be collected for specified, explicit and legitimate purposes and shall
not be further processed in a way incompatible with those purposes.
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