Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - 30 January 2020
  Version 2 of 3  

26. National security and defence exemption

(1) A provision of the applied GDPR or this Act mentioned in subsection (2) does not apply to personal data to which this Chapter applies if exemption from the provision is required for -

(a) the purpose of safeguarding national security, or

(b) defence purposes.

(2) The provisions are -

(a) Chapter II of the applied GDPR (principles) except for -

(i) Article 5(1)(a) (lawful, fair and transparent processing), so far as it requires processing of personal data to be lawful;

(ii) Article 6 (lawfulness of processing);

(iii) Article 9 (processing of special categories of personal data);

(b) Chapter III of the applied GDPR (rights of data subjects);

(c) in Chapter IV of the applied GDPR -

(i) Article 33 (notification of personal data breach to the Commissioner);

(ii) Article 34 (communication of personal data breach to the data subject);

(d) Chapter V of the applied GDPR (transfers of personal data to third countries or international organisations);

(e) in Chapter VI of the applied GDPR -

(i