22.
Further categories of sensitive personal data.—
(1)
Such further categories of personal data as may be specified by the Authority shall be
sensitive personal data and, where such categories of personal data have been specified,
the Authority may also specify any further grounds on which such specified categories of
personal data may be processed.
(2)
The Authority shall specify categories of personal data under sub-section (1) having
regard to—
(a)
(b)
(c)
(d)
(3)
theriskof significant harm that may be caused to the data principal by the
processing of such category of personal data;
the expectation of confidentiality attached to such category of personal data;
whether a significantly discernible class of data principals may suffer significant
harm from the processing of such category of personal data; and
the adequacy of protection afforded by ordinary provisions applicable to personal
data.
The Authority may also specify categories of personal data, which require additional
safeguards or restrictions where repeated, continuous or systematic collection for the
purposes of profiling takes place and, where such categories of personal data have been
specified, the Authority may also specify such additional safeguards or restrictions
applicable to such processing.
CHAPTER V
PERSONAL AND SENSITIVE PERSONAL DATA OF CHILDREN
23.
Processing of personal data and sensitive personal data of children. —
(1)
Every data fiduciary shall process personal data of children in a manner that protects and
advances the rights and best interests of the child.
(2)
Appropriate mechanisms for age verification and parental consent shall be incorporated
by data fiduciaries in order to process personal data of children.
(3)
Appropriateness of an age verification mechanism incorporated by a data fiduciary shall
be determined on the basis of—
(a)
(b)
(c)
(d)
volume of personal data processed;
proportion of such personal data likely to be that of children;
possibility of harm to children arising out of processing of personal data; and
such other factors as may be specified by the Authority.
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