Personal Data Protection and Safeguarding Draft Act June 2019 a) It is necessary for safeguarding of the person’s reputation, life or property. b) It is necessary for safeguarding the reputation or life of another person or preventing acute financial damage to them c) It is necessary for prevention of or responding to threats to public order, security or safety d) it is necessary for discovery of crimes or violations or identifying of accused or implementation of judicial and law enforcement orders. Note: Using any of the conditions above is only justified when no other option is available. Article 13 - Beneficial use of private data without the consent of the person subject to them is only allowed if: a) Anonymity is preserved b) There is no customary material or spiritual damage to the person c) It is not possible to get the person’s consent. Article 14 — If there is conflict between the rights of two or a few persons who are subjects of data, the following priorities shall be observed: A) Damages to reputation over financial damages B) Persons who have individual characteristic such as age or gender or social characteristic such as job, ethnicity or religion which are customarily vulnerable over other individuals C) Lack of consent over implied consent and both of those over explicit consent of the persons who are subject of data D) Non-public situations or circumstances over public situations or states Chapter Three: Commitments of controllers and processors Section One: Scope of commitments of controllers and processors Article 15: Commitments in this chapter are the responsibility of controller unless law, agreement or contracts puts them on the processor. Article 16: All the functions of the process of personal data processing should be based on the documented order or request of controller. Otherwise, processor will be also known as controller. ARTICLE 19 – Free Word Centre, 60 Farringdon Rd, London EC1R 3GA – www.article19.org – +44 20 7324 2500 Page 42 of 58