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SCHEDULE 3
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CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE: PROCESSING OF SENSITIVE PERSONAL DATA |
| | 1. The data subject has given his explicit consent to the processing of the personal data.
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| | 2. - (1) The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment.
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(2) The Secretary of State may by order-
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(a) exclude the application of sub-paragraph (1) in such cases as may be specified, or |
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(b) provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied. |
| | 3. The processing is necessary-
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(a) in order to protect the vital interests of the data subject or another person, in a case where- |
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(i) consent cannot be given by or on behalf of the data subject, or
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(ii) the data controller cannot reasonably be expected to obtain the consent of the data subject, or
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(b) in order to protect the vital interests of another person, in a case where consent by or on behalf of the data subject has been unreasonably withheld. |
| | 4. The processing-
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(a) is carried out in the course of its legitimate activities by any body or association which- |
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(i) is not established or conducted for profit, and
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(ii) exists for political, philosophical, religious or trade-union purposes,
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(b) is carried out with appropriate safeguards for the rights and freedoms of data subjects, |
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(c) relates only to individuals who either are members of the body or association or have regular contact with it in connection with its purposes, and |
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(d) does not involve disclosure of the personal data to a third party without the consent of the data subject. |
| | 5. The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject.
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| | 6. The processing-
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(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), |
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(b) is necessary for the purpose of obtaining legal advice, or |
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(c) is otherwise necessary for the purposes of establishing, exercising or defending legal rights. |
| | 7. - (1) The processing is necessary-
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(a) for the administration of justice, |
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(b) for the exercise of any functions conferred on any person by or under an enactment, or |
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(c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department. |
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(2) The Secretary of State may by order-
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(a) exclude the application of sub-paragraph (1) in such cases as may be specified, or |
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(b) provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied. |
| | 8. - (1) The processing is necessary for medical purposes and is undertaken by-
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(a) a health professional, or |
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(b) a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional. |
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(2) In this paragraph "medical purposes" includes the purposes of preventative medicine, medical diagnosis, medical research, the provision of care and treatment and the management of healthcare services.
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| | 9. - (1) The processing-
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(a) is of sensitive personal data consisting of information as to racial or ethnic origin, |
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(b) is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and |
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(c) is carried out with appropriate safeguards for the rights and freedoms of data subjects. |
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(2) The Secretary of State may by order specify circumstances in which processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be taken for the purposes of sub-paragraph (1)(c) to be carried out with appropriate safeguards for the rights and freedoms of data subjects.
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| | 10. The personal data are processed in circumstances specified in an order made by the Secretary of State for the purposes of this paragraph.
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