PART 2

General processing
CHAPTER 2

The UK GDPR

Special categories of personal data

Special categories of personal data etc: supplementary
11
1
For the purposes of Article 9(2)(h) of the UK GDPR (processing for health or social care purposes etc), the circumstances in which the processing of personal data is carried out subject to the conditions and safeguards referred to in Article 9(3) of the UK GDPR (obligation of secrecy) include circumstances in which it is carried out—
a
by or under the responsibility of a health professional or a social work professional, or
b
by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law.
2
In Article 10 of the UK GDPR and section 10, references to personal data relating to criminal convictions and offences or related security measures include personal data relating to—
a
the alleged commission of offences by the data subject, or
b
proceedings for an offence committed or alleged to have been committed by the data subject or the disposal of such proceedings, including sentencing.
Pt. 2 Ch. 2 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 7 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 11(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 14 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 11(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 14 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
S. 11 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)