SCHEDULES

SCHEDULE 9Conditions for processing under Part 4

Section 86

1

The data subject has given consent to the processing.

2

The processing is necessary—

a

for the performance of a contract to which the data subject is a party, or

b

in order to take steps at the request of the data subject prior to entering into a contract.

3

The processing is necessary for compliance with a legal obligation to which the controller is subject, other than an obligation imposed by contract.

4

The processing is necessary in order to protect the vital interests of the data subject or of another individual.

5

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 a person by an enactment or rule of law,

d

for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

e

for the exercise of any other functions of a public nature exercised in the public interest by a person.

6

1

The processing is necessary for the purposes of legitimate interests pursued by—

a

the controller, or

b

the third party or parties to whom the data is disclosed.

2

Sub-paragraph (1) does not apply where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject.

3

In this paragraph, “third party”, in relation to personal data, means a person other than the data subject, the controller or a processor or other person authorised to process personal data for the controller or processor.