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SCHEDULES

Prospective

SCHEDULE 1E+W+S+N.I.Special categories of personal data and criminal convictions etc data

PART 2 E+W+S+N.I.Substantial public interest conditions

Journalism etc in connection with unlawful acts and dishonesty etcE+W+S+N.I.

13(1)This condition is met if—E+W+S+N.I.

(a)the processing consists of the disclosure of personal data for the special purposes,

(b)it is carried out in connection with a matter described in sub-paragraph (2),

(c)it is necessary for reasons of substantial public interest,

(d)it is carried out with a view to the publication of the personal data by any person, and

(e)the controller reasonably believes that publication of the personal data would be in the public interest.

(2)The matters mentioned in sub-paragraph (1)(b) are any of the following (whether alleged or established)—

(a)the commission of an unlawful act by a person;

(b)dishonesty, malpractice or other seriously improper conduct of a person;

(c)unfitness or incompetence of a person;

(d)mismanagement in the administration of a body or association;

(e)a failure in services provided by a body or association.

(3)The condition in sub-paragraph (1) is met even if, when the processing is carried out, the controller does not have an appropriate policy document in place (see paragraph 5 of this Schedule).

(4)In this paragraph—

  • act” includes a failure to act;

  • the special purposes” means—

    (a)

    the purposes of journalism;

    (b)

    academic purposes;

    (c)

    artistic purposes;

    (d)

    literary purposes.