Acts 2017
493
(vi) the exercise, by any person in the public interest,
of any other functions of a public nature;
(vii) for the legitimate interests pursued by the
controller or by a third party to whom the
data are disclosed, except if the processing
is unwarranted in any particular case having
regard to the harm and prejudice to the rights
and freedoms or legitimate interests of the data
subject; or
(viii) for the purpose of historical, statistical or
scientific research.
(2) Any person who contravenes subsection (1) shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 100, 000
rupees and to imprisonment for a term not exceeding 5 years.
29.
Special categories of personal data
(1) Special categories of personal data shall not be processed
unless –
(a)
section 28 applies to the processing; and
(b) the processing is carried out in the course of its
legitimate activities with appropriate safeguards by a
foundation, association or any other not-for-profit body
with a political, philosophical, religious or trade union
aim and on condition that the processing relates solely
to the members or to former members of the body or to
persons who have regular contact with it in connection
with its purposes and that the personal data are not
disclosed outside that body without the consent of the
data subjects;
(c) the processing relates to personal data which are
manifestly made public by the data subject; or
(d)
the processing is necessary for –
(i)
the establishment, exercise or defence of a legal
claim;