318 The Data Protection Bill, 2018 (3) An agency shall notify a data subject that a waiver of his or her rights under this Act shall be construed as consent and authorisation for the agency to collect the information. 12. An agency shall not be deemed to have collected personal data contrary to the provisions of section 7 to 11 if (a) the information is publicly available; (b) the data subject authorised the collection of the data from a third party; (c) non-compliance does not prejudice the interests of the data subject; (d) non-compliance is necessaryto avoid a threat to the maintenance of law and order by any public entity, including the prevention, detection, investigation, prosecution and punishment of an offence; for the enforcement of a law imposing a pecuniary penalty; for the protection of public revenue and property; for the institution of proceedings or the conduct of proceedings that have been instituted before any Court, tribunal or the Commission; or for the purpose of an exemption as set out in the law relating to access to information; (e) compliance would prejudice the purposes for which the information is collected; (f) compliance is not reasonably practicable in the circumstances of the particular case; (g) the informationwas not to be used in a manner which resulted in the identification of the data subject; or was used for statistical or research purposes and shall not be published in a form that could reasonably be expected to result in the identification of the data subject. Exemptions.

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