[No. 6.] Data Protection (Amendment) Act 2003. S.4 [2003.] (iii) for the performance of a function of the Government or a Minister of the Government, or (iv) for the performance of any other function of a public nature performed in the public interest by a person, (d) the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the fundamental rights and freedoms or legitimate interests of the data subject. (2) The Minister may, after consultation with the Commissioner, by regulations specify particular circumstances in which subsection (1)(d) of this section is, or is not, to be taken as satisfied. Processing of sensitive personal data. 2B.—(1) Sensitive personal data shall not be processed by a data controller unless: (a) sections 2 and 2A (as amended and inserted, respectively, by the Act of 2003) are complied with, and (b) in addition, at least one of the following conditions is met: (i) the consent referred to in paragraph (a) of subsection (1) of section 2A (as inserted by the Act of 2003) of this Act is explicitly given, (ii) the processing is necessary for the purpose of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment, (iii) the processing is necessary to prevent injury or other damage to the health of the data subject or another person or serious loss in respect of, or damage to, property or otherwise to protect the vital interests of the data subject or of another person in a case where— (I) consent to the processing cannot be given by or on behalf of the data subject in accordance with section 12