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Data Protection Act, 2018 - 5.
and Access Principle and other related provisions of this Act if the application
of those provisions to the personal data would be likely to prejudice the proper
discharge of those functions; or
(f) processed only for journalistic, literary or artistic purposes shall be exempted
from the General Principle, Notice and Choice Principle, Disclosure Principle,
Retention Principle, Data Integrity Principle and Access Principle and other
related provisions of this Act, provided that–
(i) the processing is undertaken with a view to the publication by a person
of the journalistic, literary or artistic material;
(ii) the data user reasonably believes that, taking into account the special
importance of public interest in freedom of expression, the publication
would be in the public interest; and
(iii) the data user reasonably believes that in all the circumstances, compliance
with the provision in respect of which the exemption is claimed is
incompatible with the journalistic, literary or artistic purposes.
22. Power to make further exemptions.
(1) The Minister may, upon the recommendation of the Information Commissioner,
by order published in the Gazette exempt–
(a) the application of any of the Personal Data Protection Principles under this
Act to any data user or class of data users; or
(b) any data user or class of data users from all or any of the provisions of this
Act.
PART V
INFORMATION COMMISSIONER
23. Powers of Information Commissioner.
The Information Commissioner shall be the Commissioner appointed pursuant to
section 35 of the Freedom of Information Act and he or she shall have powers, for the purpose
of carrying out his or her functions, to do all such acts as are necessary for or in connection
with the carrying out of his or her functions under this Act.
24. Functions of Information Commissioner.
The functions of the Information Commissioner include–
(a) monitoring compliance by public and private bodies with the provisions of
this Act;
(b) providing advice to public bodies and private bodies on their obligations under
this Act;
(c) receiving and investigating complaints about alleged violations of the data
protection principles of data subjects and in respect thereof, may make reports
to complainants;
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