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Data Protection Act, 2018 - 5.
personal data of a data subject except in accordance with the following conditions–
(a) the data subject has given his or her explicit consent to the processing of the
personal data;
(b) the processing is necessary–
(i) for the purposes of exercising or performing any right or obligation
which is conferred or imposed by law on the data user in connection with
employment;
(ii) in order to protect the vital interests of the data subject or another person,
in a case where–
(A) consent cannot be given by or on behalf of the data subject; or
(B) the data user cannot reasonably be expected to obtain the consent of
the data subject;
(iii) in order to protect the vital interests of another person, in a case where
consent by or on behalf of the data subject has been unreasonably withheld;
(iv) for medical purposes and is undertaken by–
(A) a healthcare professional; or
(B) a person who in the circumstances owes a duty of confidentiality
which is equivalent to that which would arise if that person were a
healthcare professional;
(v) for the purpose of, or in connection with, any legal proceedings;
(vi) for the purpose of obtaining legal advice;
(vii)
for the purposes of establishing, exercising or defending legal rights;
(viii) for the administration of justice;
(ix) for the exercise of any functions conferred on any person by or under any
written law; or
(x) any other purposes as the Minister thinks fit; or
(c) the information contained in the personal data has been made public as a result
of steps deliberately taken by the data subject.
(2) The Minister may by order published in the Gazette exclude the application of
subparagraph (1)(b)(i), (viii) or (ix) in such cases as may be specified in the order, or provide
that, in such cases as may be specified in the order, the condition in subparagraph (1)(b)
(i), (viii) or (ix) is not to be regarded as satisfied unless such further conditions as may be
specified in the order are also satisfied.
(3) A person who contravenes subsection (1) commits an offence and shall, on
conviction, be liable to a fine not exceeding two hundred thousand dollars or to imprisonment
for a term not exceeding two years or to both.
(4) For the purposes of this section–
“medical purposes” includes the purposes of preventive medicine, medical
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