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Data Protection Act 2018

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Disclosure to elected representativesE+W+S+N.I.

24(1)This condition is met if—E+W+S+N.I.

(a)the processing consists of the disclosure of personal data—

(i)to an elected representative or a person acting with the authority of such a representative, and

(ii)in response to a communication to the controller from that representative or person which was made in response to a request from an individual,

(b)the personal data is relevant to the subject matter of that communication, and

(c)the disclosure is necessary for the purpose of responding to that communication,

subject to sub-paragraph (2).

(2)Where the request to the elected representative came from an individual other than the data subject, the condition in sub-paragraph (1) is met only if the disclosure must be made without the consent of the data subject for one of the following reasons—

(a)in the circumstances, consent to the processing cannot be given by the data subject;

(b)in the circumstances, the elected representative cannot reasonably be expected to obtain the consent of the data subject to the processing;

(c)obtaining the consent of the data subject would prejudice the action taken by the elected representative;

(d)the processing is necessary in the interests of another individual and the data subject has withheld consent unreasonably.

(3)In this paragraph, “elected representative” has the same meaning as in paragraph 23.

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