Search Legislation

Data Protection Act 1998

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 26/11/2001. This version of this schedule contains provisions that are not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

Data Protection Act 1998, SCHEDULE 3 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Section 4(3).

SCHEDULE 3U.K. Conditions relevant for purposes of the first principle: processing of sensitive personal data

1U.K.The data subject has given his explicit consent to the processing of the personal data.

2(1)The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment.

(2)The [F1Lord Chancellor] may by order—

(a)exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b)provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

Textual Amendments

Commencement Information

I1Sch. 3 para. 2 wholly in force at 1.3.2000; Sch. 3 para. 2 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 3 para. 2 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)

3U.K.The processing is necessary—

(a)in order to protect the vital interests of the data subject or another person, in a case where—

(i)consent cannot be given by or on behalf of the data subject, or

(ii)the data controller cannot reasonably be expected to obtain the consent of the data subject, or

(b)in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld.

4U.K.The processing—

(a)is carried out in the course of its legitimate activities by any body or association which—

(i)is not established or conducted for profit, and

(ii)exists for political, philosophical, religious or trade-union purposes,

(b)is carried out with appropriate safeguards for the rights and freedoms of data subjects,

(c)relates only to individuals who either are members of the body or association or have regular contact with it in connection with its purposes, and

(d)does not involve disclosure of the personal data to a third party without the consent of the data subject.

5U.K.The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject.

6U.K.The processing—

(a)is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b)is necessary for the purpose of obtaining legal advice, or

(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

7(1)The processing is necessary—

(a)for the administration of justice,

(b)for the exercise of any functions conferred on any person by or under an enactment, or

(c)for the exercise of any functions of the Crown, a Minister of the Crown or a government department.

(2)The [F2Lord Chancellor] may by order—

(a)exclude the application of sub-paragraph (1) in such cases as may be specified, or

(b)provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I2Sch. 3 para. 7 wholly in force at 1.3.2000; Sch. 3 para. 7 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 3 para. 7 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)

Valid from 01/10/2008

[F37A(1)The processing—U.K.

(a)is either—

(i)the disclosure of sensitive personal data by a person as a member of an anti-fraud organisation or otherwise in accordance with any arrangements made by such an organisation; or

(ii)any other processing by that person or another person of sensitive personal data so disclosed; and

(b)is necessary for the purposes of preventing fraud or a particular kind of fraud.

(2)In this paragraph “an anti-fraud organisation” means any unincorporated association, body corporate or other person which enables or facilitates any sharing of information to prevent fraud or a particular kind of fraud or which has any of these functions as its purpose or one of its purposes.]

8(1)The processing is necessary for medical purposes and is undertaken by—U.K.

(a)a health professional, or

(b)a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional.

(2)In this paragraph “medical purposes” includes the purposes of preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services.

9(1)The processing—

(a)is of sensitive personal data consisting of information as to racial or ethnic origin,

(b)is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and

(c)is carried out with appropriate safeguards for the rights and freedoms of data subjects.

(2)The [F4Lord Chancellor] may by order specify circumstances in which processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be taken for the purposes of sub-paragraph (1)(c) to be carried out with appropriate safeguards for the rights and freedoms of data subjects.

Textual Amendments

Commencement Information

I3Sch. 3 para. 9 wholly in force at 1.3.2000; Sch. 3 para. 9 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 3 para. 9 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)

10The personal data are processed in circumstances specified in an order made by the [F5Lord Chancellor] for the purposes of this paragraph.

Textual Amendments

F5Words in Sch. 3 para. 10 substituted (26.11.2001) by S.I. 2001/3500, art. 8, Sch. 2 Pt. I para. 6(1)(z)

Commencement Information

I4Sch. 3 para. 10 wholly in force at 1.3.2000; Sch. 3 para. 10 in force for certain purposes at Royal Assent see s. 75(2)(i); Sch. 3 para. 10 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources