The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002

Processing limited to disclosures to elected representatives

6.  The disclosure—

(a) is made to an elected representative or a person acting with his authority;

(b) is made in response to a communication to the data controller from the elected representative, or a person acting with his authority, acting pursuant to a request made by an individual other than the data subject;

(c) is of sensitive personal data which are relevant to the subject matter of that communication;

(d) is necessary for the purpose of responding to that communication; and

(e) is carried out without the explicit consent of the data subject because the disclosure—

(i) is necessary in a case where explicit consent cannot be given by the data subject,

(ii) is necessary in a case where the data controller cannot reasonably be expected to obtain the explicit consent of the data subject,

(iii) must necessarily be carried out without the explicit consent of the data subject being sought so as not to prejudice the action taken by the elected representative, or

(iv) is necessary in the interests of another individual in a case where the explicit consent of the data subject has been unreasonably withheld.