UK Data Protection Act 2018
Part 3: Law enforcement processing – UK Data Protection Act 2018

UK Data Protection Act 2018 s.35: Section 35 The first data protection principle: lawful and fair processing and sensitive processing

Processing for a law enforcement purpose (prevention, investigation, detection or prosecution of criminal offences or execution of penalties, including safeguarding against threats to public security) must be lawful and fair, and is lawful only if based on law and either the data subject consented or it is necessary for a task carried out for that purpose by a competent authority. Sensitive processing (racial or ethnic origin, political opinions, beliefs, trade union membership, genetic or biometric data for unique identification, health, sex life or sexual orientation) is permitted only with consent and an appropriate policy document in place, or where strictly necessary, meeting a Schedule 8 condition (statutory purposes of substantial public interest, administration of justice, vital interests, safeguarding children and adults at risk, data made public, legal claims, judicial acts, preventing fraud, archiving and research) and with an appropriate policy document in place.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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