c) by competent authorities as necessary for national security; or necessary
for the establishment, exercise or defence of legal claims, whether in
court proceedings or in an administrative or out-of-court procedure; so
long as such processing uses reasonable, proportionate and effective
measures to safeguard the fundamental rights and the interests of the
data subject.
4. This Law does not apply to processing carried out for purposes of
journalistic, educational, artistic or literary expression to the extent that the
obligations and rights in this Law would be incompatible with such
purposes.
CHAPTER II— ADMINISTRATION
Article 6: The Data Protection Authority
1. There shall be established the Data Protection Authority, which shall have
legal personality and the power to own property, enter into contracts and
owe obligations, and to sue and be sued in its name in accordance with
procedures for defending or suing government institutions.
2. The Authority shall be constituted as a new independent agency with the
functions, powers and duties under this Law upon the:
a) adoption of this Law by Both Houses of the Federal Parliament and
promulgation by the President of the Federal Republic of Somalia; and
b) appointment of the General Manager who shall be in charge of the
Authority.
3. Except as otherwise provided in this Law, the Authority shall be
independent in carrying out its duties under this Law and there shall be no
interference from the Minister or other government institutions.
4. Notwithstanding sub-article 3, the Authority shall:
a) have regard to general policy directions and laws given from time to time
by the Government provided such directions are consistent with this
Law; and
b) comply with directions from the President and Cabinet in the interests of
national security, public order and the defence of the Federal Republic of
Somalia.
5. The revenue of the Authority for its activities under this Law shall comprise:
a) allocations from the general budget of the Government; and
b) revenues from administrative penalties, fees, levies and fines made
under this Law.
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