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In force2020 Revised Edition

Schedules

Schedule 2 · Additional bases for collection, use and disclosure of personal data without consent

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SECOND SCHEDULESections 2(1) and 17(1)Additional bases for collection, use and disclosure of personal data without consentPart 1COLLECTION OF PERSONAL DATA1. The collection of personal data about an individual, if —

(a)

the personal data was disclosed by a public agency; and

(b)

the collection of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.Part 2USE OF PERSONAL DATADivision 1 — Public interest

1. The use of personal data about an individual, if —

(a)

the personal data was disclosed by a public agency; and

(b)

the use of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.Division 2 — Business improvement purpose1.—

(1)

Subject to the conditions in sub‑paragraph (2), personal data about an individual (P) is used by the organisation for any of the following purposes:

(a)

improving or enhancing any goods or services provided, or developing new goods or services to be provided, by the organisation;

(b)

improving or enhancing the methods or processes, or developing new methods or processes, for the operations of the organisation;

(c)

learning about and understanding the behaviour and preferences of P or another individual in relation to the goods or services provided by the organisation;

(d)

identifying any goods or services provided by the organisation that may be suitable for P or another individual, or personalising or customising any such goods or services for P or another individual.

(2)

Sub‑paragraph (1) applies only if —

(a)

the purpose for which the organisation uses personal data about P cannot reasonably be achieved without the use of the personal data in an individually identifiable form; and

(b)

a reasonable person would consider the use of personal data about P for that purpose to be appropriate in the circumstances.

(3)

To avoid doubt, sub‑paragraph (1) does not apply to the use of personal data about P for the purpose of sending to P or another individual a message for an applicable purpose within the meaning given by section 37(6).

(4)

In this paragraph, “organisation” excludes a corporation within the meaning given by section 4(1) of the Companies Act 1967.Division 3 — Research

1. The use of personal data about an individual for a research purpose (including historical or statistical research), if —

(a)

the research purpose cannot reasonably be accomplished unless the personal data is used in an individually identifiable form;

(b)

there is a clear public benefit to using the personal data for the research purpose;

(c)

the results of the research will not be used to make any decision that affects the individual; and

(d)

in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.Part 3DISCLOSURE OF PERSONAL DATA WITHOUT CONSENTDivision 1 — Public interest

1. The disclosure of personal data about an individual to a public agency, where the disclosure is necessary in the public interest.

2. The disclosure of personal data about an individual who is a current or former student of an educational institution to a public agency for the purposes of policy formulation or review.

3. The disclosure of personal data about an individual who is a current or former patient of any of the following to a public agency for the purposes of policy formulation or review:

(a)

[Deleted by Act 19 of 2025 wef 05/12/2025]

(b)

a licensee under the Healthcare Services Act 2020;

(c)

a prescribed healthcare body.

4. The disclosure of personal data about any individual to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that prescribed law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer.Division 2 — Research

1. The disclosure of personal data about an individual for a research purpose (including historical or statistical research), if —

(a)

the research purpose cannot reasonably be accomplished unless the personal data is disclosed in an individually identifiable form;

(b)

it is impracticable for the organisation to seek the individual’s consent for the disclosure;

(c)

there is a clear public benefit to disclosing the personal data for the research purpose;

(d)

the results of the research will not be used to make a decision that affects the individual; and

(e)

in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.[40/2020]

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