Search Legislation

Data Protection Act 2018

Status:

This is the original version (as it was originally enacted).

PART 3Additional conditions relating to criminal convictions etc

Consent

29This condition is met if the data subject has given consent to the processing.

Protecting individual’s vital interests

30This condition is met if—

(a)the processing is necessary to protect the vital interests of an individual, and

(b)the data subject is physically or legally incapable of giving consent.

Processing by not-for-profit bodies

31This condition is met if the processing is carried out—

(a)in the course of its legitimate activities with appropriate safeguards by a foundation, association or other not-for-profit body with a political, philosophical, religious or trade union aim, and

(b)on condition that—

(i)the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes, and

(ii)the personal data is not disclosed outside that body without the consent of the data subjects.

Personal data in the public domain

32This condition is met if the processing relates to personal data which is manifestly made public by the data subject.

Legal claims

33This condition is met if the processing—

(a)is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b)is necessary for the purpose of obtaining legal advice, or

(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights.

Judicial acts

34This condition is met if the processing is necessary when a court or tribunal is acting in its judicial capacity.

Administration of accounts used in commission of indecency offences involving children

35(1)This condition is met if—

(a)the processing is of personal data about a conviction or caution for an offence listed in sub-paragraph (2),

(b)the processing is necessary for the purpose of administering an account relating to the payment card used in the commission of the offence or cancelling that payment card, and

(c)when the processing is carried out, the controller has an appropriate policy document in place (see paragraph 39 in Part 4 of this Schedule).

(2)Those offences are an offence under—

(a)section 1 of the Protection of Children Act 1978 (indecent photographs of children),

(b)Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children),

(c)section 52 of the Civic Government (Scotland) Act 1982 (indecent photographs etc of children),

(d)section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(e)Article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of child), or

(f)section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children),

or incitement to commit an offence under any of those provisions.

(3)See also the additional safeguards in Part 4 of this Schedule.

(4)In this paragraph—

  • caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, is admitted;

  • conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27));

  • payment card” includes a credit card, a charge card and a debit card.

Extension of conditions in Part 2 of this Schedule referring to substantial public interest

36This condition is met if the processing would meet a condition in Part 2 of this Schedule but for an express requirement for the processing to be necessary for reasons of substantial public interest.

Extension of insurance conditions

37This condition is met if the processing—

(a)would meet the condition in paragraph 20 in Part 2 of this Schedule (the “insurance condition”), or

(b)would meet the condition in paragraph 36 by virtue of the insurance condition,

but for the requirement for the processing to be processing of a category of personal data specified in paragraph 20(1)(b).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources