[No. 6.] Data Protection (Amendment) Act 2003. S.2 [2003.] (b) For the purposes of paragraph (a) of this subsection, each of the following shall be treated as established in the State: (i) an individual who is normally resident in the State, (ii) a body incorporated under the law of the State, (iii) a partnership or other unincorporated association formed under the law of the State, and (iv) a person who does not fall within subparagraphs (i), (ii) or (iii) of this paragraph, but maintains in the State— (I) an office, branch or agency through which he or she carries on any activity, or (II) a regular practice, and the reference to establishment in any other state that is a contracting party to the EEA Agreement shall be construed accordingly. (c) A data controller to whom paragraph (a)(ii) of this subsection applies must, without prejudice to any legal proceedings that could be commenced against the data controller, designate a representative established in the State. (3C) Section 2 and sections 2A and 2B (which sections were inserted by the Act of 2003) of this Act shall not apply to— (a) data kept solely for the purpose of historical research, or (b) other data consisting of archives or departmental records (within the meaning in each case of the National Archives Act 1986), and the keeping of which complies with such requirements (if any) as may be prescribed for the purpose of safeguarding the fundamental rights and freedoms of data subjects.’’, and (c) by the insertion of the following subsection after subsection (4): ‘‘(5) (a) A right conferred by this Act shall not prejudice the exercise of a right conferred by the Freedom of Information Act 1997. 8