Section 44: Exceptions and restrictions
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.
44. 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;
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(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.