Health, education and social work

32.(1) The Minister may by order exempt from the subject information provisions, or modify those provisions in relation to, personal data

(a) consisting of information as to the physical or mental health or condition of a data subject;

(b) in respect of which the data controller is an educational institution and which consist of information relating to persons who are or have been pupils at the educational institution;

(c) in respect of which the data controller is a tertiary institution and which consist of information relating to persons who are or have been students at the tertiary institution;

(d) of such other descriptions as may be specified in the order, being information processed

(i) by public authorities, charities or other entities designated by or under the order; and

(ii) in the course of, or for the purposes of, carrying out social work in relation to the data subject or other individuals.

(2) Notwithstanding subsection (1)(d), Minister shall not confer any exemption or make any modification under subsection (1)(d) except so far as he considers that the application to the data of those provisions (or of those provisions without modification) is likely to prejudice the carrying out of social work.

(3) In subsection (1)

“educational institution” has the meaning assigned to it by section 2 of

the Education Act, Cap. 41;

“tertiary institution” has the meaning assigned to it by section 2 of

the Education Act, Cap. 41.