Personal Data shall be processed fairly and lawfully and, in particular, shall not be processed unless –
(a) At least one of the conditions in Schedule 2 are met,
(b) In the case of sensitive Personal Data, at least one of the conditions in Schedule 3 is met.
In determining whether Personal Data is processed fairly, the Council needs to consider the method by which the data is collected, in particular, whether any person from whom Personal Data is obtained is possibly deceived or misled as to the purpose or purposes for which they are to be processed. If this was the case it would make the processing illegal.
Data can be considered as obtained fairly if;
(a) It consists of information obtained from a person who is authorised by or under any judgement to supply it, or
(b) The Council is required to supply it by or under any judgement or by any convention or other instrument imposing an international obligation on the United Kingdom.
Those responsible for processing Personal Data must make reasonable efforts to ensure that Data Subjects are informed of the identity of the Data Controller, the purpose(s) of the processing, any disclosures to third parties that are envisaged and an indication of the period for which the data will be kept by the Council.
The following are the Schedule 2
conditions most likely to apply to the Council:
- The Data Subject has given their consent to the processing;
- The processing is necessary for one of the following purposes-
- Entering into or carrying out a contract with the Data Subject;
- The Data Controller to comply with its legal obligations;
- To protect the Data Subject’s vital interests;
- For the administration of justice, exercise of statutory functions, or exercise of other functions of a public nature exercised in the public interest;
- For the purpose of legitimate interests except where the processing is unwarranted by reason of prejudice to the rights and freedoms or legitimate interests of the Data Subject.
The Schedule 3
conditions most likely to apply to the Council are:
• The Data Subject has given explicit consent to the processing;
• The information has been made public by the Data Subject;
• In connection with improper conduct, journalism, literature or art where disclosure is made with a view to publication which is determined to be in the public interest;
• The processing is necessary for one of the following purposes:
- The Data Controller to comply with employment law obligations;
- To protect the vital interests of the Data Subject or another person;
- In relation to legal rights and the administration of justice;
- For medical purposes;
- To trace equality of opportunity;
- For the purpose of prevention or detection of unlawful activities and where this is in the public interest and seeking consent would be prejudicial;
- For the protection of the public;
- For confidential counselling;
- For insurance/pensions administration.
- For journalism, literature, artistic or research purposes where this is in the public interest