SCHEDULES

SCHEDULE 1Special categories of personal data and criminal convictions etc data

PART 2Substantial public interest conditions

Support for individuals with a particular disability or medical condition

16

1

This condition is met if the processing—

a

is carried out by a not-for-profit body which provides support to individuals with a particular disability or medical condition,

b

is of a type of personal data falling within sub-paragraph (2) which relates to an individual falling within sub-paragraph (3),

c

is necessary for the purposes of—

i

raising awareness of the disability or medical condition, or

ii

providing support to individuals falling within sub-paragraph (3) or enabling such individuals to provide support to each other,

d

can reasonably be carried out without the consent of the data subject, and

e

is necessary for reasons of substantial public interest.

2

The following types of personal data fall within this sub-paragraph—

a

personal data revealing racial or ethnic origin;

b

genetic data or biometric data;

c

data concerning health;

d

personal data concerning an individual's sex life or sexual orientation.

3

An individual falls within this sub-paragraph if the individual is or has been a member of the body mentioned in sub-paragraph (1)(a) and—

a

has the disability or condition mentioned there, has had that disability or condition or has a significant risk of developing that disability or condition, or

b

is a relative or carer of an individual who satisfies paragraph (a) of this sub-paragraph.

4

For the purposes of sub-paragraph (1)(d), processing can reasonably be carried out without the consent of the data subject only where—

a

the controller cannot reasonably be expected to obtain the consent of the data subject, and

b

the controller is not aware of the data subject withholding consent.

5

In this paragraph—

  • “carer” means an individual who provides or intends to provide care for another individual other than—

    1. a

      under or by virtue of a contract, or

    2. b

      as voluntary work;

  • “disability” has the same meaning as in the Equality Act 2010 (see section 6 of, and Schedule 1 to, that Act).

6

The reference in sub-paragraph (4)(b) to a data subject withholding consent does not include a data subject merely failing to respond to a request for consent.