§ 4 — Application of Act

4.—(1) Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on —(a)

any individual acting in a personal or domestic capacity;

(b)

any employee acting in the course of his or her employment with an organisation;

(c)

any public agency; or

(d)

any other organisations or personal data, or classes of organisations or personal data, prescribed for the purposes of this provision.[40/2020]

(2) Parts 3, 4, 5, 6 (except sections 24 and 25), 6A (except sections 26C(3)(a) and 26E) and 6B do not impose any obligation on a data intermediary in respect of its processing of personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing.[40/2020]

(3) An organisation has the same obligation under this Act in respect of personal data processed on its behalf and for its purposes by a data intermediary as if the personal data were processed by the organisation itself.

(4) This Act does not apply in respect of —(a)

personal data about an individual that is contained in a record that has been in existence for at least 100 years; or

(b)

personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) apply in respect of personal data about an individual who has been dead for 10 years or less.

(5) Except where business contact information is expressly mentioned, Parts 3, 4, 5, 6 and 6A do not apply to business contact information.[40/2020]

(6) Unless otherwise expressly provided in this Act —(a)

nothing in Parts 3, 4, 5, 6, 6A and 6B affects any authority, right, privilege or immunity conferred, or obligation or limitation imposed, by or under the law, including legal privilege, except that the performance of a contractual obligation is not an excuse for contravening this Act; and

(b)

the provisions of other written law prevail to the extent that any provision of Parts 3, 4, 5, 6, 6A and 6B is inconsistent with the provisions of that other written law.[40/2020]

—(1) Parts 3, 4, 5, 6, 6A and 6B do not impose any obligation on —(a)

any individual acting in a personal or domestic capacity;

(b)

any employee acting in the course of his or her employment with an organisation;

(c)

any public agency; or

(d)

any other organisations or personal data, or classes of organisations or personal data, prescribed for the purposes of this provision.[40/2020]

(2) Parts 3, 4, 5, 6 (except sections 24 and 25), 6A (except sections 26C(3)(a) and 26E) and 6B do not impose any obligation on a data intermediary in respect of its processing of personal data on behalf of and for the purposes of another organisation pursuant to a contract which is evidenced or made in writing.[40/2020]

(3) An organisation has the same obligation under this Act in respect of personal data processed on its behalf and for its purposes by a data intermediary as if the personal data were processed by the organisation itself.

(4) This Act does not apply in respect of —(a)

personal data about an individual that is contained in a record that has been in existence for at least 100 years; or

(b)

personal data about a deceased individual, except that the provisions relating to the disclosure of personal data and section 24 (protection of personal data) apply in respect of personal data about an individual who has been dead for 10 years or less.

(5) Except where business contact information is expressly mentioned, Parts 3, 4, 5, 6 and 6A do not apply to business contact information.[40/2020]

(6) Unless otherwise expressly provided in this Act —(a)

nothing in Parts 3, 4, 5, 6, 6A and 6B affects any authority, right, privilege or immunity conferred, or obligation or limitation imposed, by or under the law, including legal privilege, except that the performance of a contractual obligation is not an excuse for contravening this Act; and

(b)

the provisions of other written law prevail to the extent that any provision of Parts 3, 4, 5, 6, 6A and 6B is inconsistent with the provisions of that other written law.[40/2020]