General authorisation concerning personal information of children

General authorisation concerning personal information of children

35. (1) The prohibition on processing the personal information of children, as referred to in section 34, does not apply if the processing is—
(a) carried out with the prior consent of a competent person;
(b) necessary for the establishment, exercise or defence of a right or obligation in law;
(c) necessary to comply with an obligation of international public law;
(d) for historical, statistical or research purposes to the extent that—
(i) the purpose serves a public interest and the processing is necessary for
the purpose concerned; or
(ii) it appears to be impossible or would involve a disproportionate effort to
ask for consent, and sufficient guarantees are provided to ensure that the processing does not adversely affect the individual privacy of the child to a disproportionate
extent; or
(e) of personal information which has deliberately been made public by the child
with the consent of a competent person.

(2) The Regulator may, notwithstanding the prohibition referred to in section 34, but
subject to subsection (3), upon application by a responsible party and by notice in the
Gazette, authorise a responsible party to process the personal information of children if the processing is in the public interest and appropriate safeguards have been put in place to protect the personal information of the child.

(3) The Regulator may impose reasonable conditions in respect of any authorisation
granted under subsection (2), including conditions with regard to how a responsible
party must—
(a) upon request of a competent person provide a reasonable means for that
person to—
(i) review the personal information processed; and
(ii) refuse to permit its further processing;
(b) provide notice—
(i) regarding the nature of the personal information of children that is
processed;
(ii) how such information is processed; and
(iii) regarding any further processing practices;
(c) refrain from any action that is intended to encourage or persuade a child to
disclose more personal information about him- or herself than is reasonably
necessary given the purpose for which it is intended; and 
(d) establish and maintain reasonable procedures to protect the integrity and
confidentiality of the personal information collected from children.

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