What is processing?
Processing of personal data refers to activities such as the collection, storage, use, transfer and disclosure of personal data. Processing is an important aspect of securing personal data. Chapter 2 or 3 of Part 2 of DPA, 2018 deals with the processing of personal data.
Lawfulness of Processing:
Lawfulness of processing is imbibed under article 6 (1) of the GDPR. the processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of the controller’s oficial authority includes processing of personal data that is necessary for the following purposes-
- the administration of justice
- the exercise of a function of either House of Parliament
- the exercise of a function conferred on a person by an enactment or rule of law
- the exercise of a function of the crown, a Minister of the Crown or government department, or
- an activity that supports or promotes democratic engagement
Please note that under GDPR the child’s consent in relation to information society services is 16 years but under applied GDPR it is to be read as 13 years and information society services does not include preventive or counselling services.
What amounts to special categories of personal data?
as we know personal data means any information relating to an identified or identifiable living individual. Chapter 2 of DPA categories certain kinds of personal data and criminal criminal conviction etc. data as a special category data and it imposes a restriction on processing of such special categories of personal data however, it can be used if falls under the exception in one of the followings points of article 9(2) and it mentioned of data pertaining to –
- employment, social security and social protection
- substantial public interest
- health and social care
- public health
- archiving, research and statistics
the processing of the above mentioned data must meet the requirement of law of the United Kingdom. Special categories of personal data have been discussed in detail under Schedule 1 of the DPA 2018 and regulations made under schedule 1 may be amended only by the Secretary of State and regulation under this are subject to the affirmative resolution process.
There are certain circumstances while collecting special category of personal data and those circumstances under which supplementary data is collected is included under this part and those circumstances are-
- by or under the responsibility of a health professional or a social work professional or
- by another person who is in the circumstances owes a duty of confidentiality under an enactment or rule of law.
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