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No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
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personal information if such processing is in the public interest and appropriate
safeguards have been put in place to protect the personal information of the data subject.
(3) The Regulator may impose reasonable conditions in respect of any authorisation
granted under subsection (2).
Authorisation concerning data subject’s religious or philosophical beliefs
28. (1) The prohibition on processing personal information concerning a data
subject’s religious or philosophical beliefs, as referred to in section 26, does not apply if
the processing is carried out by—
(a) spiritual or religious organisations, or independent sections of those
organisations if—
(i) the information concerns data subjects belonging to those organisations;
or
(ii) it is necessary to achieve their aims and principles;
(b) institutions founded on religious or philosophical principles with respect to
their members or employees or other persons belonging to the institution, if it
is necessary to achieve their aims and principles; or
(c) other institutions: Provided that the processing is necessary to protect the
spiritual welfare of the data subjects, unless they have indicated that they
object to the processing.
(2) In the cases referred to in subsection (1)(a), the prohibition does not apply to
processing of personal information concerning the religion or philosophy of life of
family members of the data subjects, if—
(a) the association concerned maintains regular contact with those family
members in connection with its aims; and
(b) the family members have not objected in writing to the processing.
(3) In the cases referred to in subsections (1) and (2), personal information concerning
a data subject’s religious or philosophical beliefs may not be supplied to third parties
without the consent of the data subject.
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Authorisation concerning data subject’s race or ethnic origin
29. The prohibition on processing personal information concerning a data subject’s 30
race or ethnic origin, as referred to in section 26, does not apply if the processing is
carried out to—
(a) identify data subjects and only when this is essential for that purpose; and
(b) comply with laws and other measures designed to protect or advance persons,
or categories of persons, disadvantaged by unfair discrimination.
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Authorisation concerning data subject’s trade union membership
30. (1) The prohibition on processing personal information concerning a data
subject’s trade union membership, as referred to in section 26, does not apply to the
processing by the trade union to which the data subject belongs or the trade union
federation to which that trade union belongs, if such processing is necessary to achieve 40
the aims of the trade union or trade union federation.
(2) In the cases referred to under subsection (1), no personal information may be
supplied to third parties without the consent of the data subject.
Authorisation concerning data subject’s political persuasion
31. (1) The prohibition on processing personal information concerning a data 45
subject’s political persuasion, as referred to in section 26, does not apply to processing
by or for an institution, founded on political principles, of the personal information of—
(a) its members or employees or other persons belonging to the institution, if such
processing is necessary to achieve the aims or principles of the institution; or
(b) a data subject if such processing is necessary for the purposes of—
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