Legal and Information Assurance Services

First Principle - Schedule 2

First Principle

Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless:

  • at least one of the conditions in Schedule 2 is met, and
  • in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

Schedule 2

  1. The data subject has given his consent to the processing.
  2. The processing is necessary - for the performance of a contract to which the data subject is a party, or for the taking of steps at the request of the data subject with a view to entering into a contract.
  3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.
  4. The processing is necessary in order to protect the vital interests of the data subject.
  5. The processing is necessary:
    • for the administration of justice,
    • for the exercise of any functions conferred on any person by or under any enactment,
    • for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or
    • for the exercise of any other functions of a public nature exercised in the public interest by any person.
  6. The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
    6.1 The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.


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