SCHEDULES

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

PART 2Substantial public interest conditions

Occupational pensions

I121

1

This condition is met if the processing—

a

is necessary for the purpose of making a determination in connection with eligibility for, or benefits payable under, an occupational pension scheme,

b

is of data concerning health which relates to a data subject who is the parent, grandparent, great-grandparent or sibling of a member of the scheme,

c

is not carried out for the purposes of measures or decisions with respect to the data subject, and

d

can reasonably be carried out without the consent of the data subject.

2

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.

3

In this paragraph—

  • “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;

  • “member”, in relation to a scheme, includes an individual who is seeking to become a member of the scheme.

4

The reference in sub-paragraph (2)(b) to a data subject withholding consent does not include a data subject merely failing to respond to a request for consent.