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Data Protection Office>Controllers>Exceptions and restrictions

Exceptions and restrictions

 
(1) No exception to this Act shall be allowed except where it constitutes a necessary and proportionate measure in a democratic society for –
(a)  subject to subsection (4), the protection of national security, defence or public security;
 
(b)  the prevention, investigation, detection or prosecution of an offence, including the execution of a penalty;
 
(c)   an objective of general public interest, including an economic or financial interest of the State;
 
(d)   the protection of judicial independence and judicial proceedings; or
 
(e)  the protection of a data subject or the rights and freedoms of others.
 
(2) The processing of personal data for the purpose of historical, statistical or scientific research may be exempt from the provisions of this Act where the security and organisational measures specified in section 31 are implemented to protect the rights and freedoms of data subjects involved.
 
(3) Where this section has been breached, a data subject or the Commissioner may apply for a Judge’s order to protect the rights of individuals.
 
(4)   (a) Personal data shall be exempt from any provision of this Act where the non-application of such provision would, in the opinion of the Prime Minister, be required for the purpose of safeguarding national security, defence or public security.
 
             (b) In any proceedings in which the non-application of any provision of this Act on grounds of national security, defence or public security is in question, a certificate under the hand of the Prime Minister certifying that the non-application of the provision is required for the purpose of safeguarding national security, defence or public security shall be conclusive evidence of that fact.