Derogations

26. Section 22, 23 and 24 shall not apply where

(a) the data subject has given his consent to the transfer of personal data;

(b) the transfer of personal data is necessary for

(i) the performance of a contract between the data subject and the data controller;

(ii) the taking of steps at the request of the data subject with a view to his entering into a contract with the data controller;

(iii) the conclusion of a contract between the data controller and a person other than the data subject which

(A) is entered into at the request of the data subject; or

(B) is in the interest of the data subject;

(iv) the performance of a contract described in subparagraph (iii);

(v) reasons of substantial public interest;

(vi) the purpose of, or in connection with, any legal proceedings including prospective legal proceedings;

(vii) the purpose of obtaining legal advice;

(viii) the purposes of establishing, exercising or defending legal rights; or

(ix) the protection of the vital interests of the data subject;

(c) the transfer of personal data is part of the personal data on a public register and any conditions subject to which the register is open to inspection are complied with by any person to whom the data is or may be disclosed after the transfer;

(d) the transfer of personal data is made on terms which are of a kind approved by the Commissioner as ensuring adequate safeguards for the rights and freedoms of data subjects; or

(e) the transfer of personal data has been authorised by the Commissioner as being made in such a manner as to ensure adequate safeguards for the rights and freedoms of data subjects.