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DATA SHARING: LEGAL GUIDANCE FOR THE SCOTTISH PUBLIC SECTOR
APPENDIX 5: CONDITIONS IN SCHEDULES 2 & 3
Conditions in Schedule 2:
Paragraph 1: The data subject has given consent to the processing.
Paragraph 2: The processing is necessary for (a) the performance of any contract to which the data subject is a party; or (b) for the taking of steps at the request of the data subject with a view to entering into a contract.
Paragraph 3: The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.
Paragraph 4: The processing is necessary in order to protect the vital interests of the data subject.
Paragraph 5: The processing is necessary: (a) for the administration of justice; (b) for the exercise of any functions conferred on any person by or under any enactment; (c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department; or (d) for the exercise of any other functions of a public nature exercised in the public interest by any person.
Paragraph 6(1): The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.
Paragraph 6(2): The Secretary of State may by order specify particular circumstances in which this condition is, or is not, to be taken to be satisfied.
Conditions in Schedule 3:
Paragraph 1: The data subject has given explicit consent to the processing.
Paragraph 2: The processing is necessary for the purposes of exercising or performing a legal right or obligation in the context of employment.
Paragraph 3: The processing is necessary to protect the vital interests of the data subject or another in cases where consent cannot be obtained.
Paragraph 4: The processing is of political, philosophical, religious or trade union data in connection with its legitimate interests by any non-profit bodies.
Paragraph 5: The processing is of information made public as a result of steps deliberately taken by the data subject.
Paragraph 6: The processing is necessary in connection with legal proceedings or the seeking of legal advice.
Paragraph 7: The processing is necessary (a) for the administration of justice; (b) for the exercise of any function conferred on any person by or under any enactment; (c) for the exercise of any functions of the Crown, a Minister of the Crown or a government department.
Paragraph 8: The processing is necessary for medical purposes and is carried out by medical professionals or others owing an obligation of confidence to the data subject.
Paragraph 9: The processing is necessary for ethnic monitoring purposes.
Paragraph 10: The personal data are processed in circumstances specified in an order made by the Secretary of State for certain purposes. The Data Protection (Processing of Personal Data) Order 2000 (SI 2000 No 417) specifies a number of circumstances in which sensitive personal data may be processed such as crime prevention, policing and regulatory functions (subject to a substantial public interest test); counselling (subject to substantial public interest test); insurance, equality monitoring in the area of disability and religious or other beliefs; and research. A further order relates to the processing of sensitive personal data by MPs and other elected representatives (The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002 (SI 2002 2905)).
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