Data Protection Act 2018

Administration of accounts used in commission of indecency offences involving children

35 (1) This condition is met if—

(a) the processing is of personal data about a conviction or caution for an offence listed in sub-paragraph (2),

(b) the processing is necessary for the purpose of administering an account relating to the payment card used in the commission of the offence or cancelling that payment card, and

(c) when the processing is carried out, the controller has an appropriate policy document in place (see paragraph 39 in Part 4 of this Schedule).

(2) Those offences are an offence under—

(a) section 1 of the Protection of Children Act 1978 (indecent photographs of children),

(b) Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children),

(c) section 52 of the Civic Government (Scotland) Act 1982 (indecent photographs etc of children),

(d) section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(e) Article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of child), or

(f) section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children),

or incitement to commit an offence under any of those provisions.

(3) See also the additional safeguards in Part 4 of this Schedule.

(4) In this paragraph—

• “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, is admitted;

• “conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27));

• “payment card” includes a credit card, a charge card and a debit card.