(4)
into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the
data controller is subject;
(d) The processing is necessary to protect vitally important interests of the data
subject, including life and health;
(e) The processing is necessary in order to respond to a public health crisis or national
emergency or to fulfill functions of public authority which necessarily includes the
processing of personal data for the fulfillment of its mandate within the limits of a
law issued for this purpose; or
(f) The processing is necessary for the purposes of the legitimate interests pursued by
the personal data controller to whom the data is disclosed, except where such
interests are overridden by fundamental rights and freedoms of the data subject
which require protection of personal data.
For the purpose of sub-Article (3) lit. (e) of this Article,
(a) The law shall pursue public interest objectives;
(b)
The interference with privacy through data processing shall be necessary and
proportionate;
(c)
The law shall determine the essential elements of processing such as the categories
of data, the purpose, storage period, and possible disclosure; and
(d)
Further processing of personal data after the expiry of such law shall be
prohibited.
(5)
16.
(1)
(2)
(3)
(4)
(5)
Data processing shall be proportionate in relation to the legitimate purpose pursued.
Conditions for Consent
For the purpose of Article 15 sub-Article (3) lit. (a) of this Proclamation, personal data
may be processed on the basis of the consent of the data subject, shall be given prior to
the commencement of the processing.
For the consent of the data subject to be valid, it must be free, informed, specific, clear
and require an active action from the data subject. Where consent has been given
verbally, the burden of proof shall rest upon the data controller.
The data subject may withdraw his consent at any time. Information with regard to
withdrawal of consent shall be given prior to giving his consent.
The data controller shall not make the provision of any goods or services or the quality
thereof, the performance of any contract, or the enjoyment of any legal right or claim,
conditional on consent to processing of any personal data not necessary for that
purpose. The application of this provision shall be decided on a case by case basis.
The data controller shall bear the burden of proof to establish that consent has been
given by the data subject for processing of personal data in accordance with sub-Article
(2) of this Article. The request for consent shall be presented in a manner which is clearly
distinguishable and separate from other matters; request for consent cannot be bundled
with other terms and conditions.
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