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What are the Schedule 2 Conditions?
- Fulfill a Contract
- Legal Obligation
- Protect vital interests
- Public functions
- Legitimate Interests
What is Sensitive Data?
- Sex life/sexual orientation
- Trade Union
- Criminal Record
- Current criminal proceedings
What are the Schedule 3 Conditions?
- Explicit consent
- Employment rights/obligations
- Vital interests
- Legitimate union/religious/club use
- In public domain
- Public functions
- Legal Proceedings
- Health Professional
Lawfulness in case of public authority requires consideration of statutory powers under which data obtained and for which to be used
Unlawful to use information obtained for one statutory function for the purposes of another unless specific authority to do so
Fairness requires, generally, that data subjects must not be misled as to the purpose for which data is obtained and must be told who is holding it and for what purpose
In principle it is possible to comply withthe fairness requirement by giving a notice to the data subject
Fair Processing code
What should the data controller ensure that the data subject is provided with as a minimum?
- the identity of the data controller and their representative if nominated
- the purpose for which the data is processed
- any further information necessary
When does fair processing not apply?
When data is obtained from a third party and providing it represents disproportionate effort
You are under a legal obligation to process the data
What are the 2 Subject Information Provisions?
- Fair Processing Notice
- Subject Access Request
(Opt-in is the preferred method)
When should consent be acquired?
At the point of collection or as soon as practically possible after that
Give an example of a legal case relating to the First Principle
Larbey v NW Bank?
payroll details were given to a third party(unable to find more details)
What would you like to do?
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