could be achieved by something less”; accordingly, the measure must be the “least restrictive” means of achieving the legitimate aim in question.” 61. The Appellant in the GoA (A49) in his submission on these provisions says:“According to the case law, a disclosure of personal data is considered “necessary” in case (a) there is a pressing social need, and (b) the interference is both proportionate as to means and fairly balanced as to ends.” “Proportionate means the least intrusive method of attaining the legitimate aim” 62. If disclosure of personal data is necessary to further a legitimate interest it will not be lawful to process it (by Article 6(1)(f)) where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. 63. In addition to being lawful processing must also be carried out in a fair and transparent manner as regards the data subject. Special Category Data 64. Article 9(1) GDPR relates to the processing of special categorises of personal data. It says:“Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited." 65. The processing of this data is permitted only in the limited circumstances listed in Article 9(2) GDPR such as where the data subject has given explicit consent. Sections 36(2)(b)(ii) and 36(2)(c) 66. The exemptions at sections 36(2)(b)(ii) and 36(2)(c) are both subject to the PIBT. The relevant part of section 36 states:(2)Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act... (b)would, or would be likely to, inhibit— (ii)the free and frank exchange of views for the purposes of deliberation, or (c)would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs. 18