SCHEDULES

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

PART 2Substantial public interest conditions

Preventing or detecting unlawful acts

10(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).