PART 4

Intelligence services processing
CHAPTER 2

Principles

The data protection principles

The first data protection principle
86
1
The first data protection principle is that the processing of personal data must be—
a
lawful, and
b
fair and transparent.
2
The processing of personal data is lawful only if and to the extent that—
a
at least one of the conditions in Schedule 9 is met, and
b
in the case of sensitive processing, at least one of the conditions in Schedule 10 is also met.
3
The Secretary of State may by regulations amend Schedule 10—
a
by adding conditions;
b
by varying or omitting conditions added by regulations under paragraph (a).
4
Regulations under subsection (3) are subject to the affirmative resolution procedure.
5
In determining whether the processing of personal data is fair and transparent, regard is to be had to the method by which it is obtained.
6
For the purposes of subsection (5), data is to be treated as obtained fairly and transparently if it consists of information obtained from a person who—
a
is authorised by an enactment to supply it, or
b
is required to supply it by an enactment or by an international obligation of the United Kingdom.
7
In this Part, “sensitive processing” means—
a
the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;
b
the processing of genetic data for the purpose of uniquely identifying an individual;
c
the processing of biometric data for the purpose of uniquely identifying an individual;
d
the processing of data concerning health;
e
the processing of data concerning an individual's sex life or sexual orientation;
f
the processing of personal data as to—
i
the commission or alleged commission of an offence by an individual, or
ii
proceedings for an offence committed or alleged to have been committed by an individual, the disposal of such proceedings or the sentence of a court in such proceedings.
S. 86 in force at Royal Assent for specified purposes, see s. 212(2)(f)
Word in s. 86(7) substituted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 74(7)(b), 142(1); S.I. 2025/904, reg. 2(c)
Words in s. 86(3)(b) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 74(7)(a), 142(1); S.I. 2025/904, reg. 2(c)
S. 86 in force at 25.5.2018 in so far as not already in force by S.I. 2018/625, reg. 2(1)(d)