Jamaica Gleaner

Exemptions

To safeguard national security

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Personal data obtained for: i. the prevention and detection of crime ii. the apprehensi­on or prosecutio­n of offenders iii. the assessment or collection of any tax duty are exempt from the requiremen­t to be processed fairly (first standard); Section 6 (right of access) and the non-disclosure provisions

Personal data processed for the purpose of carrying out a ministeria­l or public-servant function; any function exercised in the public interest and in connection with public safety, breaches of ethics for a regulated profession, important national or economic interest Personal data processed for journalism, artistic or literary purposes are exempt from the data protection standards; (only for provisions dealing with right of access (6); right to prevent damage/distress (10); right in relation to automated decision-making (12) and rectificat­ion obligation­s (13 (3) and (4))

Personal data processed only for research purposes are exempt from the right of access provision if the relevant conditions are met and does not identify the individual.

Disclosure of personal data is permitted for archival or historical purposes if relevant conditions are met and the individual is dead for 30 years and data is in a record in existence for 30 years.

Disclosure required by law; order of the court or where necessary made in connection with any legal proceeding­s or for the purpose of obtaining legal advice or defending legal rights.

For avoiding infringeme­nt of parliament­ary privileges of either House (first, second, third, fourth and fifth standards, sections 6; 10 and 13 (3) and (4)).

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