SCHEDULES

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

PART 2Substantial public interest conditions

Regulatory requirements relating to unlawful acts and dishonesty etc

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1

This condition is met if—

a

the processing is necessary for the purposes of complying with, or assisting other persons to comply with, a regulatory requirement which involves a person taking steps to establish whether another person has—

i

committed an unlawful act, or

ii

been involved in dishonesty, malpractice or other seriously improper conduct,

b

in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing, and

c

the processing is necessary for reasons of substantial public interest.

2

In this paragraph—

  • “act” includes a failure to act;

  • “regulatory requirement” means—

    1. a

      a requirement imposed by legislation or by a person in exercise of a function conferred by legislation, or

    2. b

      a requirement forming part of generally accepted principles of good practice relating to a type of body or an activity.