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How should personal data be processed?

'Processing' is broadly defined and takes place when any operation or set of operations is carried out on personal data. The Act requires that personal data be processed "fairly and lawfully". Personal data will not be considered to be processed fairly unless certain conditions are met. A data subject must be told the identity of the data controller and why that information is or is to be processed.

Processing may only be carried out where one of the following conditions has been met:

  • the individual has given his or her consent to the processing;
  • the processing is necessary for the performance of a contract with the individual;
  • the processing is required under a legal obligation;
  • the processing is necessary to protect the vital interests of the individual;
  • the processing is necessary to carry out public functions;
  • the processing is necessary in order to pursue the legitimate interests of the data controller or third parties (unless it could prejudice the interests of the individual).