s.18National security
18
Section 18Part 4 — EXEMPTIONS

National security

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Personal data are exempt from any of the provisions of — if the exemption from any or all of the provisions is required for the purpose of safeguarding national security.
the data protection principles;
Parts 2, 3 and 6,
The Governor may, for the purpose mentioned in subsection (1), issue a certificate with respect to any personal data exempting that data from all or any of the provisions referred to in that subsection and that certificate shall be sufficient evidence of that fact.
In the exercise of the discretion to issue a certificate under subsection (2), the Governor may consult with the National Security Council.
The certificate issued under subsection (2) shall identify the personal data to which it applies.
If in any consideration of a matter by the Commissioner it is claimed by a data controller that a certificate under this section applies to any personal data, any party, that is, the Governor, the data controller or the data subject, may make an application to the Commissioner contending that the certificate does not apply to the personal data with respect to which the complaint is made.
Notwithstanding subsection (5), unless the Commissioner makes a determination under subsection (7), the certificate shall be conclusively presumed so to apply.
On an application under subsection (5), the Commissioner may determine that the certificate does not apply to the personal data with respect to which the complaint is made.
A document purporting to be a certificate under this section and signed by the Governor shall be received in evidence and taken to be such a certificate unless the contrary is proved.

Referenced By