Data Protection Act 2018

Occupational pensions

21 (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.