Intellectual Property Rights from Publicly Financed Research and
R 385
Protection of Personal Information Act, 2013 (Act No. 4 of 2013)Chapter 4 : Exemption from Conditions for Processing of Personal Information37. Regulator may exempt processing of personal information |
| (1) | The Regulator may, by notice in the Gazette, grant an exemption to a responsible party to process personal information, even if that processing is in breach of a condition for the processing of such information, or any measure that gives effect to such condition, if the Regulator is satisfied that, in the circumstances of the case— |
| (a) | the public interest in the processing outweighs, to a substantial degree, any interference with the privacy of the data subject that could result from such processing; or |
| (b) | the processing involves a clear benefit to the data subject or a third party that outweighs, to a substantial degree, any interference with the privacy of the data subject or third party that could result from such processing. |
| (2) | The public interest referred to in subsection (1) includes— |
| (a) | the interests of national security; |
| (b) | the prevention, detection and prosecution of offences; |
| (c) | important economic and financial interests of a public body; |
| (d) | fostering compliance with legal provisions established in the interests referred to under paragraphs (b) and (c); |
| (e) | historical, statistical or research activity; or |
| (f) | the special importance of the interest in freedom of expression. |
| (3) | The Regulator may impose reasonable conditions in respect of any exemption granted under subsection (1). |
