16
Generality
(1) The data controller shall ensure that the processing of
personal data is necessary and that the personal data is
processed fairly and lawfully.
17
Purpose
(1) The data controller shall ensure that personal data is collected
for specified, explicit and legitimate purposes and, taking into
account all relevant factors, especially the reasonable
expectations of the data subject and the applicable legal and
regulatory provisions, that the personal data is not further
processed in a way incompatible with such purposes.
(2) Under the conditions established by the Authority, further
processing of data for historical, statistical or scientific research
purposes is not considered incompatible.
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Nonsensitive
data
1.Personal information may only be processed if the data subject
or a competent person, where the data subject if a child, consent
to the processing of such data.
2.
The consent referred to in paragraph 1 may be implied
where the data subject is an adult natural person or has a legal
persona and has full legal capacity to consent.
3. The processing of non-sensitive personal data is permitted,
without the consent of the data subject, where necessary for
purposes of:
(a) being material as evidence in proving an offence; or
(b) for compliance with an obligation to which the controller is
subject by or by virtue of a law; or
(c) in order to protect the vital interests of the data subject; or
(d) for the performance of a task carried out in the public interest,
or in the exercise of the official authority vested in the
controller, or in a third party to whom the data is disclosed;
or
(e) for the promotion of the legitimate interests of the controller
or the third party to whom the data is disclosed, except where
such interests are overridden by the interests or fundamental
rights and freedoms of the data subject claiming protection
under this Act.
(2) The Authority can specify the circumstances in which the
condition stipulated under e) is considered as not having been
met.
Draft Data Protection Bill Version 1.0
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