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Personal Data Protection Act 2010 [Act 709]

Part III

EXEMPTION

45 Exemption

(1) There shall be exempted from the provisions of this Act personal data processed by an individual only for the purposes of that individual's personal, family or household affairs, including recreational purposes.

(2) Subject to section 46, personal data-

(a) processed for-

(i) the prevention or detection of crime or for the purpose of investigations;

(ii) the apprehension or prosecution of offenders; or

(iii) the assessment or collection of any tax or duty or any other imposition of a similar nature,

shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and Access Principle and other related provisions of this Act;

(b) processed in relation to information of the physical or mental health of a data subject shall be exempted from the Access Principle and other related provisions of this Act of which the application of the provisions to the data subject would be likely to cause serious harm to the physical or mental health of the data subject or any other individual;

(c) processed for preparing statistics or carrying out research shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and Access Principle and other related provisions of this Act, provided that such personal data is not processed for any other purpose and that the resulting statistics or the results of the research are not made available in a form which identifies the data subject;

(d) that is necessary for the purpose of or in connection with any order or judgement of a court shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and Access Principle and other related provisions of this Act;

(e) processed for the purpose of discharging regulatory functions shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and Access Principle and other related provisions of this Act if the application of those provisions to the personal data would be likely to prejudice the proper discharge of those functions; or

(f) processed only for journalistic, literary or artistic purposes shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle, Retention Principle, Data Integrity Principle and Access Principle and other related provisions of this Act, provided that-

(i) the processing is undertaken with a view to the publication by any person of the journalistic, literary or artistic material;

(ii) the data user reasonably believes that, taking into account the special importance of public interest in freedom of expression, the publication would be in the public interest; and

(iii) the data user reasonably believes that in all the circumstances, compliance with the provision in respect of which the exemption is claimed is incompatible with the journalistic, literary or artistic purposes.

46 Power to make further exemptions

(1) The Minister may, upon the recommendation of the Commissioner, by order published in the Gazette exempt-

(a) the application of any of the Personal Data Protection Principles under this Act to any data user or class of data users; or

(b) any data user or class of data users from all or any of the provisions of this Act.


(2) The Minister may impose any terms or conditions as he thinks fit in respect of any exemption made under subsection (1). (3) The Minister may at any time, on the recommendation of the Commissioner, by order published in the Gazette, revoke any order made under subsection (1).


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