This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
The first data protection principle, set out in paragraph 1of Schedule 1 to the Data Protection Act 1998, prohibits the processing of sensitive personal data unless one of the conditions in Schedule 3 to the Act is met. The condition set out in paragraph 10 of that Schedule is that the personal data are processed in circumstances specified in an order made by the Lord Chancellor.
The Schedule to this Order specifies a number of such circumstances, which relate to the processing of sensitive personal data by, and disclosures of sensitive personal data to, elected representatives.
An “elected representative” is defined for these purposes in paragraph 1 of the Schedule, and includes Members of the House of Commons, Members of the devolved administrations in Wales, Scotland and Northern Ireland, Members of the European Parliament, elected members of local authorities and elected mayors. Paragraph 2 provides that for the purposes of paragraph 1, a person who is a Member of the House of Commons immediately before Parliament is dissolved is to be treated as if he were such a member until the end of the fourth day after the general election, and makes comparable provision in relation to Members of the devolved administrations and elected members of the Common Council of the City of London.
Paragraphs 3 and 4 of the Schedule cover certain processing carried out by an elected representative (or a person acting with his authority) in connection with the discharge of his functions as such.
Paragraph 3 covers processing carried out pursuant to a request made by the data subject to the elected representative to take action on behalf of the data subject or any other individual. The processing must be necessary in connection with the action reasonably taken by the elected representative pursuant to the request.
Paragraph 4 covers processing carried out pursuant to a request made by an individual other than the data subject to the elected representative to take action on behalf of the data subject or any other individual. The processing must be necessary in connection with the action reasonably taken by the elected representative pursuant to the request. Further, one of the specified reasons for carrying out the processing without the explicit consent of the data subject must apply.
Paragraphs 5 and 6 of the Schedule cover certain disclosures made to an elected representative (or a person acting with his authority) by another data controller.
Paragraph 5 covers disclosures made in response to a communication to the data controller from an elected representative (or person acting with his authority) who is acting pursuant to a request made by the data subject. The sensitive personal data disclosed must be relevant to the subject matter of the communication and the disclosure must be necessary for the purpose of responding to the communication.
Paragraph 6 covers disclosures made in response to a communication to the data controller from an elected representative (or person acting with his authority) who is acting pursuant to a request made by an individual other than the data subject. The sensitive personal data disclosed must be relevant to the subject matter of the communication and the disclosure must be necessary for the purpose of responding to the communication. Further, one of the specified reasons for carrying out the processing without the explicit consent of the data subject must apply.
This Order contributes to the implementation of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
A Regulatory Impact Assessment was prepared for the Data Protection Bill as it then was and the statutory instruments to be made under it, and was placed in the libraries of both Houses of Parliament. The Regulatory Impact Assessment is now available on the internet at www.lcd.gov.uk. Alternatively, copies can be obtained by post from the Lord Chancellor’s Department, FIDP Division, Selborne House, 54-60 Victoria Street, London SW1E 6QW.
This Order will have a negligible effect on business, charities and the voluntary sector, therefore a Regulatory Impact Assessment has not been prepared for this Order specifically.
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