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Art. 6 — DATA PROTECTION ACT

Laws of Malta — Chapter 586 — DATA PROTECTION ACT
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Art. 6 · DATA PROTECTION ACT

(1)

Subject to the provisions of sub-article (4),

controllers and processors may derogate from the provisions of

Articles 15, 16, 18 and 21 of the Regulation for the processing of

personal data for scientific or historical research purposes or official

statistics in so far as the exercise of the rights set out in those Articles

(a)

is likely to render impossible or seriously impair

the achievement of those purposes; and

(b)

the data controller reasonably believes that such

derogations are necessary for the fulfilment of those purposes.

(2) Subject to the provisions of sub-article (4), controllers

and processors may derogate from the provisions of Articles 15, 16,

18, 19, 20 and 21 of the Regulation for the processing of personal

data for archiving purposes in the public interest in so far as the

exercise of the rights set out in those Articles

(a)

is likely to render impossible or seriously impair

the achievement of those purposes; and

(b)

the controller reasonably believes that such

derogations are necessary for the fulfilment of those purposes.

(3) Where data processing referred to in sub-articles (1) and

(2) serves at the same time another purpose, the derogations shall

apply only to processing for the purposes referred to in those sub-

articles.

(4) Processing for the purposes referred to in sub-articles (1)

and (2) shall be subject to appropriate safeguards for the rights and

freedoms of the data subject, including pseudonymisation and other

technical and organisational measures to ensure respect for the

principle of data minimisation

Provided that, where such purposes can be fulfilled by

processing which does not permit, or no longer permits, the

identification of data subjects, those purposes shall be fulfilled in that

manner.

← Art. 5 Restrictions. DATA PROTECTION ACT Art. 7 Consultation and prior authorisation. →

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