(4)
(5)
“child” means a data subject below the age of sixteen years;
“consent” means any freely given specific, informed and unambiguous indication of the
wishes of a data subject, either by
(a) a written statement;
(b) verbal affirmations; or
(c) any clear affirmative action
by which he signifies his agreement to personal data relating to him being processed;
(6)
“data” means information that:
(a) is being processed by means of equipment operating automatically in response to
instructions given for that purpose,
(b) is recorded with the intention that it should be processed by means of such
equipment mentioned in lit. (a),
(c) is recorded as part of a filing system or with the intention that it should form part
of a filing system, or
(d) does not fall within lit. (a), (b) or (c) but forms part of any other accessible public
record;
(7) “data controller” means any person which, alone or jointly with others, has decisionmaking power with respect to data processing;
(8) “data processor” means any person other than an employee of the data controller who
processes the data on behalf of the data controller;
(9) “data subject” means an individual who is the subject of personal data;
(10) “direct marketing” means the communication of any advertising or marketing material
which is directed to any particular individuals;
(11) “document” means
(a) a disc, tape or other device in which information other than visual images are
embodied so as to be capable, with or without the aid of some other equipment, of
being reproduced from the disc, tape or other device; and
(b)
a film, tape or other device in which visual images are embodied so as to be
capable, with or without the aid of some other equipment, of being reproduced
from the film, tape or other device;
(12) “encryption” means the process of converting data using technical means into coded
form;
(13) “filing system” means a structured set of personal data which is accessible according to
specific criteria, whether centralized, decentralized or dispersed on a functional or
geographical basis;
(14) “genetic data” means personal data relating to the general characteristics of an
individual which are inherited or acquired and which provide unique information
about the physiology or health of the individual and which result, in particular, from an
analysis of a biological sample from the individual in question;
(15) “health record” means personal data related to the physical or mental health of a natural
person, including the provision of health care services, which reveal information about
his health status;
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