Personal data may be processed only if the data subject has unambiguously given his
consent or if processing is necessary:
(a) for the performance of a contract or contracts to which the data subject is party or in
order to take steps at the request of the data subject prior to entering into a contract or a
declaration of his will to negotiate;
(b) for compliance with a legal obligation to which the controller is subject;
(c) in order to protect the vital interests of the data subject if the latter if physically or
legally incapable of giving his consent;
(d) for the performance of a task carried out in the public interest or in the exercise of
official authority vested in the controller or in a third party to whom the data are
disclosed;
(e) for pursuing the legitimate interests of the controller or the third party to whom the
data are disclosed, except where such interests should be overridden by the interests for
fundamental rights, freedoms and guarantees of the data subject.
1 – The processing of personal data revealing philosophical or political beliefs, political
party or trade union membership, religion, privacy and racial or ethnic origin, and the
processing of data concerning health or sex life, including genetic data, shall be
prohibited.
2 – The processing of the data referred to in the previous number shall be permitted by a
legal provision or by the authorisation of the CNPD when, on important public interest
grounds, such processing is essential for exercising the legal or statutory rights of the
controller or when the data subject has given his explicit consent for such processing, in
both cases with guarantees of non-discrimination and with the security measures
provided for in Article 15.
3 – The processing of the data referred to in 1 shall also be permitted when one of the
following conditions applies:
(a) when it is necessary to protect the vital interests of the data subject or of another
person where the data subject is physically or legally incapable of giving his consent;
(b) when it is carried out with the data subject’s consent in the course of its legitimate
activities by a foundation, association or non-profit seeking body with a political,
philosophical, religious or trade union aim and on condition that the processing relates
solely to the members of the body or to persons who have regular contact with it in
connection with its purposes and that the data are not disclosed to a third party without
the consent of the data subjects;
(c) when it relates to data which are manifestly made public by the data subject, provided
his consent for their processing can be clearly inferred from his declarations;
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