SCHEDULES
SCHEDULE 1Special categories of personal data and criminal convictions etc data
PART 2Substantial public interest conditions
Disclosure to elected representatives
24
1
This condition is met if—
a
the processing consists of the disclosure of personal data—
i
to an elected representative or a person acting with the authority of such a representative, and
ii
in response to a communication to the controller from that representative or person which was made in response to a request from an individual,
b
the personal data is relevant to the subject matter of that communication, and
c
the disclosure is necessary for the purpose of responding to that communication,
subject to sub-paragraph (2).
2
Where the request to the elected representative came from an individual other than the data subject, the condition in sub-paragraph (1) is met only if the disclosure must be made without the consent of the data subject for one of the following reasons—
a
in the circumstances, consent to the processing cannot be given by the data subject;
b
in the circumstances, the elected representative cannot reasonably be expected to obtain the consent of the data subject to the processing;
c
obtaining the consent of the data subject would prejudice the action taken by the elected representative;
d
the processing is necessary in the interests of another individual and the data subject has withheld consent unreasonably.
3
In this paragraph, “elected representative” has the same meaning as in paragraph 23.