Exemption on data subject’s health or sexual life
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(1) The prohibition on processing personal information on a data subject’s
health or sexual life, shall not apply to the processing by –
(a) medical professionals, healthcare institutions or facilities or social
services, if such processing is necessary for the proper treatment and
care of the data subject, or for the administration of the institution or
professional practice concerned;
(b) insurance companies, medical aid scheme administrators and
managed healthcare organisations, where such processing is
necessary for –
(i)
assessing the risk to be insured by the insurance
company or covered by the medical aid scheme and the data
subject has not objected to the processing
(ii)
the performance of an insurance or medical aid
agreement; or
(iii)
the enforcement of any contractual rights and
obligations;
(c) schools, where such processing is necessary to provide special
support for pupils or making special arrangements in connection
with their health or sexual life;
(d) institutions or probation, child protection or guardianship, where
such processing is necessary for the performance of their legal
duties;
(e) Commissioner of Correctional Service, where such processing is
necessary in connection with the implementation of prison
sentences or detention measures; or