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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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111. National security: certificate

(1) Subject to subsection (3), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions mentioned in section 110(2) is, or at any time was, required for the purpose of safeguarding national security in respect of any personal data is conclusive evidence of that fact.

(2) A certificate under subsection (1) -

(a) may identify the personal data to which it applies by means of a general description, and

(b) may be expressed to have prospective effect.

(3) Any person directly affected by the issuing of a certificate under subsection (1) may appeal to the Tribunal against the certificate.

(4) If on an appeal under subsection (3), the Tribunal finds that, applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may -

(a) allow the appeal, and

(b) quash the certificate.

(5) Where, in any proceedings under or by virtue of this Act, it

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