Data Protection Act 2018

Support for individuals with a particular disability or medical condition

16 (1) This condition is met if the processing—

(a) is carried out by a not-for-profit body which provides support to individuals with a particular disability or medical condition,

(b) is of a type of personal data falling within sub-paragraph (2) which relates to an individual falling within sub-paragraph (3),

(c) is necessary for the purposes of—

(i) raising awareness of the disability or medical condition, or

(ii) providing support to individuals falling within sub-paragraph (3) or enabling such individuals to provide support to each other,

(d) can reasonably be carried out without the consent of the data subject, and

(e) is necessary for reasons of substantial public interest.

(2) The following types of personal data fall within this sub-paragraph—

(a) personal data revealing racial or ethnic origin;

(b) genetic data or biometric data;

(c) data concerning health;

(d) personal data concerning an individual’s sex life or sexual orientation.

(3) An individual falls within this sub-paragraph if the individual is or has been a member of the body mentioned in sub-paragraph (1)(a) and—

(a) has the disability or condition mentioned there, has had that disability or condition or has a significant risk of developing that disability or condition, or

(b) is a relative or carer of an individual who satisfies paragraph (a) of this sub-paragraph.

(4) For the purposes of sub-paragraph (1)(d), processing can reasonably be carried out without the consent of the data subject only where—

(a) the controller cannot reasonably be expected to obtain the consent of the data subject, and

(b) the controller is not aware of the data subject withholding consent.

(5) In this paragraph—

• “carer” means an individual who provides or intends to provide care for another individual other than—

  (a)

  under or by virtue of a contract, or

  (b)

  as voluntary work;

• “disability” has the same meaning as in the Equality Act 2010 (see section 6 of, and Schedule 1 to, that Act).

(6) The reference in sub-paragraph (4)(b) to a data subject withholding consent does not include a data subject merely failing to respond to a request for consent.