Q&As

Is there any specific guidance on Schedule 2, paragraph 5 of the Data Protection Act 1998, in particular the 'exercise of any other functions of a public nature exercised in the public interest by any person' as a way of processing data lawfully. What may fall within this requirement and how it may apply?

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Published on LexisPSL on 18/10/2017

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Is there any specific guidance on Schedule 2, paragraph 5 of the Data Protection Act 1998, in particular the 'exercise of any other functions of a public nature exercised in the public interest by any person' as a way of processing data lawfully. What may fall within this requirement and how it may apply?
  • Background

Is there any specific guidance on Schedule 2, paragraph 5 of the Data Protection Act 1998, in particular the 'exercise of any other functions of a public nature exercised in the public interest by any person' as a way of processing data lawfully. What may fall within this requirement and how it may apply?

In conducting our research, we have focussed on the position under the Data Protection Act 1998 (DPA 1998) and we have not commented on the position under the forthcoming, General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, which will be directly applicable from 25 May 2018.

Background

The DPA 1998 governs processing of personal data in the UK. It incorporates the provisions of Directive 95/46/EC (the Data Protection Directive) into UK law and obliges those handling personal data to comply with eight core data protection principles, the first data protection principles requires data controllers to:

  1. process personal data fairly and lawfully

  2. meet at least one of the conditions for processing in DPA 1998, Sch 2,

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