In response to queries from Members of Parliament regarding the proposed amendments to the Access to Information Law for 2023, Minister of State for Legal Affairs Nancy Namrouqa has emphasized that the processing of personal data by government agencies remains permissible, provided it adheres to specific regulations outlined in the draft law.

Speaking during the discussion session Monday concerning the prospective Access to Information law for 2023, Minister Namrouqa highlighted that obtaining the consent of the respective individual is a prerequisite for the handling of personal data.

She underscored that Article 6 of the draft law clarifies that competent government agencies when fulfilling their legally mandated responsibilities, may access information without prior consent from the involved party. However, this exemption is subject to the stipulations and obligations prescribed by the law.

Article 6 outlines the instances in which processing information can be deemed legal and permissible without the need for prior consent or informing the concerned individual:

• Processing carried out directly by a capable public authority, to the extent necessitated by the execution of its legal tasks, whether performed independently or through affiliated parties. This requires adherence to all obligations and conditions established by the law and its associated regulations and directives. 
• Processing necessary for preventive medical actions, medical diagnoses, or healthcare provision by licensed medical professionals.
• Processing essential to safeguard the life of the individual or protect their interests.
• Processing necessary for crime prevention, detection, or prosecution by a competent law enforcement authority, particularly in cases violating legal provisions.
• Processing mandated or authorized by existing legislations or their enforcement.
• Processing required for scientific or historical research purposes, as long as its intent doesn't involve making decisions or taking actions concerning specific individuals.
• Processing necessary for statistical analysis, national security obligations, or matters of public interest.
• Processing data already accessible to the public through the concerned individual.

Furthermore, Article 6 dictates that the retention of processed data beyond the fulfillment of the processing purpose is prohibited, unless legislation specifies otherwise.

Minister Namrouqa's clarification underscores the significance of balancing data utilization with privacy rights within the framework of the evolving legal landscape.