for Insurance Purposes Regulations, 2018

L.N. 178 of 2018

DATA PROTECTION ACT, 2018

(CAP. 586

Processing of Data concerning Health

for Insurance Purposes Regulations, 2018

IN EXERCISE of the powers conferred by article 33 of the Data

Protection Act, the Minister for Justice, Culture and Local

Government, after consultation with the Information and Data

Protection Commissioner, as the competent authority for the purposes

of the Act, and Regulation (EU) 2016/679 of the European Parliament

and of the Council of 27 April 2016, has made the following

regulations:-

The title of these regulations is the Processing of Data Citation.

concerning Health for Insurance Purposes Regulations, 2018.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Data Protection Act;

"business of insurance" shall have the same meaning as

provided under the Insurance Business Act;

"the Regulation" shall have the same meaning as is assigned to

it in article 3 of the Act.

(2) Article 3(2) of the Act shall apply mutatis mutandis to

these regulations.

The scope and purpose of these regulations is to introduce Scope.

further conditions on the processing of data concerning health for

insurance purposes pursuant to Article 9 of the Regulation.

(1)

The processing of data concerning health shall be Processing of

data concerning

lawful where

health.

(a)

such processing is necessary and proportionate for

the purposes of a policy in the business of insurance;

(b)

the data controller cannot reasonably be expected

to obtain the consent of the data subject; and

(c)

the data controller is not aware that the data subject

is withholding consent.

(2) The processing referred to in sub-regulation (1) shall be

subject to the suitable and specific measures designed to safeguard

the fundamental rights and freedoms of data subjects.

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