(3) The processing of special personal data is necessary where it is
for the exercise or performance of a right or an obligation conferred or imposed
by law on an employer.
(4) Special personal data shall not be processed unless the processing is necessary for the protection of the vital interests of the data subject
where
(a) it is impossible for consent to be given by or on behalf of the data
subject,
(b) the data controller cannot reasonably be expected to obtain
the consent of the data subject, or
(c) consent by or on behalf of the data subject has been unrea- sonably
withheld.
(5) Special personal data shall not be processed unless the process- ing is
carried out for the protection of the legitimate activities of a body or association
which
(a) is established for non-profit purposes,
(b) exists for political, philosophical, religious or trade union
purposes;
(c) relates to individuals who are members of the body or as- sociation
or have regular contact with the body or associa- tion in connection
with its purposes, and
(d) does not involve disclosure of the personal data to a third party
without the consent of the data subject.
(6) The processing of special personal data shall be presumed to be
necessary where it is required
(a) for the purpose of or in connection with a legal proceeding,
(b) to obtain legal advice,
(c) for the establishment, exercise or defence of legal rights,
(d) in the course of the administration of justice, or
(e) for medical purposes and the processing is
(i) undertaken by a health professional, and
(ii) pursuant to a duty of confidentiality between
patient and health professional.
(7) In this section, “medical purposes” includes the purposes of
preventive medicine, medical diagnosis, medical research, provision of care and
treatment and the management of healthcare services by a medical or dental
practitioner or a legally recognised traditional healer.
(8) A person shall not process special personal data in respect of race or
ethnic origin unless the processing of the special personal data is (a)
necessary for the identification and elimination of discriminatory practices, and
(b) carried out with appropriate safeguards for the rights and freedoms
of the data subject.
(9) The Minister may in consultation with the Commission by legislative