16 Generality (1) The data controller shall ensure that the processing of personal data is necessary and that the personal data is processed fairly and lawfully. 17 Purpose (1) The data controller shall ensure that personal data is collected for specified, explicit and legitimate purposes and, taking into account all relevant factors, especially the reasonable expectations of the data subject and the applicable legal and regulatory provisions, that the personal data is not further processed in a way incompatible with such purposes. (2) Under the conditions established by the Authority, further processing of data for historical, statistical or scientific research purposes is not considered incompatible. 18 Nonsensitive data 1.Personal information may only be processed if the data subject or a competent person, where the data subject if a child, consent to the processing of such data. 2. The consent referred to in paragraph 1 may be implied where the data subject is an adult natural person or has a legal persona and has full legal capacity to consent. 3. The processing of non-sensitive personal data is permitted, without the consent of the data subject, where necessary for purposes of: (a) being material as evidence in proving an offence; or (b) for compliance with an obligation to which the controller is subject by or by virtue of a law; or (c) in order to protect the vital interests of the data subject; or (d) for the performance of a task carried out in the public interest, or in the exercise of the official authority vested in the controller, or in a third party to whom the data is disclosed; or (e) for the promotion of the legitimate interests of the controller or the third party to whom the data is disclosed, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject claiming protection under this Act. (2) The Authority can specify the circumstances in which the condition stipulated under e) is considered as not having been met. Draft Data Protection Bill Version 1.0 24

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