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Data Protection Act 2018

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Data Protection Act 2018, Section 36 is up to date with all changes known to be in force on or before 09 May 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. Help about Changes to Legislation

36The second data protection principleU.K.

This section has no associated Explanatory Notes

(1)The second data protection principle is that—

(a)the law enforcement purpose for which personal data is collected on any occasion must be specified, explicit and legitimate, and

(b)personal data so collected must not be processed in a manner that is incompatible with the purpose for which it was collected.

(2)Paragraph (b) of the second data protection principle is subject to subsections (3) and (4).

(3)Personal data collected for a law enforcement purpose may be processed for any other law enforcement purpose (whether by the controller that collected the data or by another controller) provided that—

(a)the controller is authorised by law to process the data for the other purpose, and

(b)the processing is necessary and proportionate to that other purpose.

(4)Personal data collected for any of the law enforcement purposes may not be processed for a purpose that is not a law enforcement purpose unless the processing is authorised by law.

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