a) the processing is necessary to carry out the specific
obligations and rights of the controller in the field of
employment law
b) the processing is necessary to comply with national
security laws
c) the processing is necessary for the promotion and
protection of public health, including medical examination
of the population
d) the processing is required by or by virtue of a law or
any equivalent legislative act for reasons of substantial
public interest
e) the processing is necessary to protect the vital interests
of the data subject or another person, where the data
subject is physically or legally incapable of giving his or
her consent or is not represented by his or her legal,
judicial or agreed representative
f) the processing is necessary for the prevention of
imminent danger or the mitigation of a specific criminal
offence
g) the processing relates to data which has apparently
been made public by the data subject
h) the processing is necessary for the establishment,
exercise or defence or legal rights
i) the processing is required for the purposes of scientific
research
j) the processing is necessary for the purposes of preventive
medicine or medical diagnosis, the provision of care or
treatment for the data subject or to one of his or her
relatives, or the management of health-care services in
the interest of the data subject, and the data is processed
under the supervision of a health professional
As health data is sensitive personal information, it must be
processed under the responsibility of a health care
professional, under Section 12 (4) again unless if one has
consented to processing by non-health care professional or
if the purpose is for prevention of imminent danger or for
mitigation of a specific criminal offence. A health care
professional is defined in the Act, as any individual determined
as a health care professional in the Health Professions Act 41.
In addition, conditions for such processing must be specified
by the Authority. This means that guidelines will be produced
to be used by health care professionals as provided under
Section 12(5) of the Act.

E EXERCISE
For each of the exceptions to written consent for processing
sensitive data, list any examples that would meet these lawful
exceptions.

Source of Health Data
Health data must be collected from the data subject, unless
if the data subject is incapable of providing the data. This
might mean that health data might be collected from other
sources such as medical insurance or attending health care
professionals and past medical records. Section 12 (6) of
the Act does not give what other sources for health data
might be used.

Q QUESTION
Can a media report of a data subject’s
medical data be considered as any
other source for purposes of Section
12 (6) of the Act? Must this collection
comply with purpose specification?
Professional Secrecy, Confidentiality
Health care professionals are bound by oath and secrecy.
Section 12 (7) of the Act reinforces this requirement of ethics
and confidentiality. This means they will not disclose or handle
the health data contrary to the Health Professions Act and
laws which they are sworn to uphold. Section 12 (8) of the
Act requires that health data be associated with unique
identifiers that do not disclose the data subject. For instance,
the medical institution cannot use your national identity
number for purposes of identifying your medical records.
While the use of other identifiers with health data records
or information is permissible, this is subject to authorisation
of the Authority under Section 12(9) of the Act.

41

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