Newsletter-21

403 MISCELLANEOUS • Processing for the purposes of research, planning and statis- tics made through anonymization; • Processing for the purposes of art, history, literature or sci- ence or under the principles of freedom of expression; how- ever, provided that it neither infringes upon national defense, national security, public order, economic stability, privacy or personal rights, nor constitute a crime; • Processing in line with preventive, conservative and intel- ligence activities; • Processing in compliance with investigation, prosecution, judicial and execution operations.” ( Art. 28 ). Conditions for Data Processing The most important novelty introduced by the LPPD relates to personal data processing. Accordingly, unless certain conditions exist, personal data shall not be processed without the explicit consent of the data subject (Art. 5/1). The LPPD also stipulates the exception to this rule, namely, the conditions under which personal data can be processed without the explicit consent of the data subject, as sum- marized, below: • “If explicitly provided for by law; • If mandatory for the protection of the life or physical integ- rity of a person who cannot declare his/her intentions, or that of a minor; • If necessary that such data processed is for the performance of a contract; • If mandatory for the data controller to fulfil his duty; • If made public by the data subject, • If mandatory for the establishment, usage or protection of a right;

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