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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and shall not be published in a form that could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.