African Union Legal Instrument
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c)
Processing is necessary to protect the vital interests of the data subject or of
another person where the data subject is physically or legally incapable of
giving his/her consent;
d)
Processing, particularly of genetic data, is required for the establishment,
exercise or defence of legal claims;
e)
A judicial procedure or criminal investigation has been instituted;
f)
Processing is necessary in the public interest, especially for historical,
statistical or scientific purposes;
g)
Processing is necessary for the performance of a contract to which the data
subject is party or in order to take steps at the request of the data subject
prior to entering into a contract;
h)
Processing is necessary for compliance with a legal or regulatory obligation
to which the controller is subject;
i)
Processing is necessary for the performance of a task carried out in the
public interest or in the exercise of official authority or assigned by a public
authority vested in the controller or in a third party to whom data are
disclosed;
j)
Processing is carried out in the course of the legitimate activities of a
foundation, association or any other non-profit making body with a political,
philosophical, religious, cooperative or trade union aim, and on condition
that the processing relates solely to the members of the body or to persons
who have regular contact with it in connection with its purposes and that the
data are not disclosed to a third party without the consent of the data
subjects.
3.
Personal data processing for journalistic purposes or for the purpose of research
or artistic or literary expression shall be acceptable where the processing is solely
for literary and artistic expression or for professional exercise of journalistic or
research activity, in accordance with the code of conduct of these professions.
4.
The provisions of this Convention shall not preclude the application of national
legislations with regard to the print media or the audio-visual sector, as well as
the provisions of the criminal code which provide for the conditions for exercise of
the right of reply, and which prevent, limit, compensate for and, where necessary,
repress breaches of privacy and damage to personal reputation.
5.
A person shall not be subject to a decision which produces legal effects
concerning him/her or significantly affects him/her to a substantial degree, and
which is based solely on automated processing of data intended to evaluate
certain personal aspects relating to him/her.