- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (16/09/2019)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 16/09/2019.
Data Protection Act 2018, SCHEDULE 10 is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 86
1U.K.The data subject has given consent to the processing.
2U.K.The processing is necessary for the purposes of exercising or performing any right or obligation which is conferred or imposed by an enactment or rule of law on the controller in connection with employment.
3U.K.The processing is necessary—
(a)in order to protect the vital interests of the data subject or of another person, in a case where—
(i)consent cannot be given by or on behalf of the data subject, or
(ii)the controller cannot reasonably be expected to obtain the consent of the data subject, or
(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(1)This condition is met if—U.K.
(a)the processing is necessary for the purposes of—
(i)protecting an individual from neglect or physical, mental or emotional harm, or
(ii)protecting the physical, mental or emotional well-being of an individual,
(b)the individual is—
(i)aged under 18, or
(ii)aged 18 or over and at risk,
(c)the processing is carried out without the consent of the data subject for one of the reasons listed in sub-paragraph (2), and
(d)the processing is necessary for reasons of substantial public interest.
(2)The reasons mentioned in sub-paragraph (1)(c) are—
(a)in the circumstances, consent to the processing cannot be given by the data subject;
(b)in the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing;
(c)the processing must be carried out without the consent of the data subject because obtaining the consent of the data subject would prejudice the provision of the protection mentioned in sub-paragraph (1)(a).
(3)For the purposes of this paragraph, an individual aged 18 or over is “at risk” if the controller has reasonable cause to suspect that the individual—
(a)has needs for care and support,
(b)is experiencing, or at risk of, neglect or physical, mental or emotional harm, and
(c)as a result of those needs is unable to protect himself or herself against the neglect or harm or the risk of it.
(4)In sub-paragraph (1)(a), the reference to the protection of an individual or of the well-being of an individual includes both protection relating to a particular individual and protection relating to a type of individual.
5U.K.The information contained in the personal data has been made public as a result of steps deliberately taken by the data subject.
6U.K.The processing—
(a)is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),
(b)is necessary for the purpose of obtaining legal advice, or
(c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights.
7U.K.The processing is necessary—
(a)for the administration of justice,
(b)for the exercise of any functions of either House of Parliament,
(c)for the exercise of any functions conferred on any person by an enactment or rule of law, or
(d)for the exercise of any functions of the Crown, a Minister of the Crown or a government department.
8(1)The processing is necessary for medical purposes and is undertaken by—U.K.
(a)a health professional, or
(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.
(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.
9(1)The processing—U.K.
(a)is of sensitive personal data consisting of information as to racial or ethnic origin,
(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
(c)is carried out with appropriate safeguards for the rights and freedoms of data subjects.
(2)In this paragraph, “sensitive personal data” means personal data the processing of which constitutes sensitive processing (see section 86(7)).
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys