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Data Protection Act 2018
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Data Protection Act 2018, Section 10 is up to date with all changes known to be in force on or before 09 February 2025. 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.
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Changes and effects yet to be applied to Section 10:
- s. 13A inserted by 2024 c. 21 s. 31(4)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13A inserted by 2024 c. 21 s. 31(4)
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
10Special categories of personal data and criminal convictions etc dataU.K.
This section has no associated Explanatory Notes
(1)Subsections (2) and (3) make provision about the processing of personal data described in Article 9(1) of the [F1UK GDPR] (prohibition on processing of special categories of personal data) in reliance on an exception in one of the following points of Article 9(2)—
(a)point (b) (employment, social security and social protection);
(b)point (g) (substantial public interest);
(c)point (h) (health and social care);
(d)point (i) (public health);
(e)point (j) (archiving, research and statistics).
(2)The processing meets the requirement in point (b), (h), (i) or (j) of Article 9(2) of the [F2UK GDPR] for authorisation by, or a basis in, the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1 of Schedule 1.
(3)The processing meets the requirement in point (g) of Article 9(2) of the [F3UK GDPR] for a basis in the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 2 of Schedule 1.
(4)Subsection (5) makes provision about the processing of personal data relating to criminal convictions and offences or related security measures that is not carried out under the control of official authority.
(5)The processing meets the requirement in Article [F410(1) of the UK GDPR] for authorisation by the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1, 2 or 3 of Schedule 1.
(6)The Secretary of State may by regulations—
(a)amend Schedule 1—
(i)by adding or varying conditions or safeguards, and
(ii)by omitting conditions or safeguards added by regulations under this section, and
(b)consequentially amend this section.
(7)Regulations under this section are subject to the affirmative resolution procedure.
Textual Amendments
F1Words in s. 10(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 13(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in s. 10(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 13(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 10(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 13(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in s. 10(5) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 13(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 10 in force at Royal Assent for specified purposes, see s. 212(2)(f)
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