[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
writing to the data controller and free of charge, to such S.3
processing.’’.
4.—The following sections are inserted in the Principal Act after
section 2:
‘‘Processing of
personal data.
2A.—(1) Personal data shall not be processed
by a data controller unless section 2 of this Act
(as amended by the Act of 2003) is complied with
by the data controller and at least one of the following conditions is met:
(a) the data subject has given his or her consent to the processing or, if the data
subject, by reason of his or her physical or mental incapacity or age, is or
is likely to be unable to appreciate the
nature and effect of such consent, it
is given by a parent or guardian or a
grandparent, uncle, aunt, brother or
sister of the data subject and the giving of such consent is not prohibited
by law,
(b) the processing is necessary—
(i) for the performance of a contract
to which the data subject is a
party,
(ii) in order to take steps at the
request of the data subject prior
to entering into a contract,
(iii) for compliance with a legal obligation to which the data controller is subject other than an obligation imposed by contract, or
(iv) to prevent—
(I) injury or other damage to the
health of the data subject, or
(II) serious loss of or damage to
property of the data subject,
or otherwise to protect his or her
vital interests where the seeking
of the consent of the data subject
or another person referred to in
paragraph (a) of this subsection is
likely to result in those interests
being damaged,
(c) the processing is necessary—
(i) for the administration of justice,
(ii) for the performance of a function
conferred on a person by or
under an enactment,
11
Provisions in
relation to
processing.