Section 29: Special categories of personal data
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
29. Special categories of personal data
(1) Special categories of personal data shall not be processed
unless –
(a) section 28 applies to the processing; and
(b) the processing is carried out in the course of its
legitimate activities with appropriate safeguards by a
foundation, association or any other not-for-profit body
with a political, philosophical, religious or trade union
aim and on condition that the processing relates solely
to the members or to former members of the body or to
persons who have regular contact with it in connection
with its purposes and that the personal data are not
disclosed outside that body without the consent of the
data subjects;
(c) the processing relates to personal data which are
manifestly made public by the data subject; or
(d) the processing is necessary for –
(i) the establishment, exercise or defence of a legal
claim;
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(ii) the purpose of preventive or occupational
medicine, for the assessment of the working
capacity of an employee, medical diagnosis, the
provision of health or social care or treatment or
the management of health or social care systems
and services or pursuant to a contract with a
health professional and subject to the conditions
and safeguards referred to in subsection (2);
(iii) the purpose of carrying out the obligations and
exercising specific rights of the controller or of
the data subject; or
(iv) protecting the vital interests of the data subject
or of another person where the data subject is
physically or legally incapable of giving consent.
(2) The personal data referred to in subsection (1) may be
processed for the purposes referred to in subsection (1)(d)(ii) where the data
are processed by or under the responsibility of a professional or other person
subject to the obligation of professional secrecy under any enactment.
(3) Any person who contravenes subsection (1) shall commit an
offence and shall, on conviction, be liable to a fine not exceeding 100, 000
rupees and to imprisonment for a term not exceeding 5 years.