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.