SCHEDULES

SCHEDULE 1Special categories of personal data and criminal convictions etc data

PART 2Substantial public interest conditions

10Preventing or detecting unlawful acts

1

This condition is met if the processing—

a

is necessary for the purposes of the prevention or detection of an unlawful act,

b

must be carried out without the consent of the data subject so as not to prejudice those purposes, and

c

is necessary for reasons of substantial public interest.

2

If the processing consists of the disclosure of personal data to a competent authority, or is carried out in preparation for such disclosure, 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).

3

In this paragraph—

  • “act” includes a failure to act;

  • “competent authority” has the same meaning as in Part 3 of this Act (see section 30).