The Data Protection Act, 2020

Part IVStandards for Processing Personal Data

Section 23. Conditions for processing personal data in accordance with the first standard

This text is reproduced from the Act for reference and is being proofread against the official publication. For authoritative wording, consult the official Data Protection Act, 2020.

23.—(1) The conditions referred to in sections 11(3)(a) and 22(1)(a) for process- are that— At i ace (a) the data subject consents to the processing and has not with the first withdrawn that consent;

(b) the processing 1s necessary—

(i) for the performance of a contract to which the data subject is a party; or

(ii) for the taking of steps at the request of the data subject with a view to entering into a contract;

(c) the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract;

(d) the processing is necessary in order to protect the vital interests of the data subject;

(e) the processing is necessary—

(i) forthe administration of justice;

(ii) for the exercise of any functions conferred by or under any enactment; or

(ii) for the exercise of any other functions of a public nature exercised in the public interest;

(f) the processing is necessary for the purposes of legitimate interests pursued by the data controller or by any third party to whom the personal data are disclosed, except where the processing is unwarranted in any particular case by reason

“ of prejudice to the rights and freedoms or legitimate interests of the data subject; . (g) the data subject has published the personal data concerned.

(2) Regulations made under this Act may specify particular circumstances in which the condition set out in subsection (1)(f) is, or is not, to be taken to be satisfied.

Source: Data Protection Act, 2020, p.40.