Data Protection Policy

Appendix B - Substantial Public Interest Conditions

Statutory and Government Purposes

This condition is met if the processing is necessary for:

• The exercise of a function conferred on a person by an enactment or rule of law;
• The exercise of a function of the Crown, a Minister of the Crown or a government department.

And is for reasons of substantial public interest.

Administration of Justice and Parliamentary Purposes

This condition is met if the processing is necessary for:

• The administration of justice, or
• The exercise of a function of either House of Parliament,

Equality of Opportunity or Treatment

This condition is met if the processing:

• Is of a specified category of personal data, and
• Is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between groups of people specified in relation to that category with a view to enabling such equality to be promoted or maintained;

Specified means:

• Category of Personal Data: Personal data revealing racial or ethnic origin         
• Groups of people (in relation to a category of personal data): People of different racial or ethnic origins

• Category of Personal Data: Personal data revealing religious or philosophical beliefs          
• Groups of people (in relation to a category of personal data): People holding different religious or philosophical beliefs 

• Category of Personal Data: Data concerning health          
• Groups of people (in relation to a category of personal data): People with different states of physical or mental health

• Category of Personal Data: Personal data concerning an individual’s sexual orientation          
• Groups of people (in relation to a category of personal data): People of different sexual orientation

Processing does not meet the condition if it is carried out for the purposes of measures or decisions with respect to a particular data subject.

Processing does not meet the condition if it is likely to cause substantial damage or substantial distress to an individual. 

Processing does not meet the condition if:

• The data subject (or one of the data subjects) has given notice in writing to the Council not to process their personal data and the requirement has not been withdrawn;
• The notice gave the Council a reasonable period in which to stop processing such data; and
• The period has ended.

Racial and Ethnic Diversity at Senior Level of Organisations

This condition is met if the processing:

• Is of personal data revealing racial or ethnic origin,
• Is carried out as part of a process of identifying suitable individuals to hold senior positions in a particular organisation, a type of organisation or organisations generally;
• Is necessary for the purposes of promoting or maintaining diversity in the racial and ethnic origins of individuals who hold senior positions in the organisation or organisations, and
• Can reasonably be carried out without the consent of the data subject (unless it is likely to cause substantial damage or substantial distress to the data subject).  Processing can reasonably be carried out if the Council cannot reasonably expected to obtain consent and the Council is not aware of the data subject withholding consent.

Preventing or Detecting Unlawful Acts

This condition is met if the processing:

• Is necessary for the purposes of the prevention or detection of an unlawful act;
• Must be carried out without the consent of the data subject so as not to prejudice those purposes; and
• Is necessary for the reasons of substantial public interest.

Protecting the Public from Dishonesty

This condition is met if the processing:

• Is necessary for the exercise of a protective function,
• Must be carried out without the consent of the data subject so as not to prejudice the exercise of that function, and
• Is necessary for reasons of substantial public interest.

“Protective Function” means a function which is intended to protect members of the public against:

• Dishonestly, malpractice or other seriously improper conduct,
• Unfitness or incompetence,
• Mismanagement in the administration of a body or association, or
• Failures in services provided by a body or association.

Regulatory Requirements Relating to Unlawful Acts and Dishonesty

This condition is met if:

• The processing is necessary for the purposes of complying with, or assisting other persons to comply with, a regulatory requirement which involves a person taking steps to establish whether another person has:
•   Committed an unlawful act, or
• Been involved in dishonesty, malpractice or other seriously improper conduct.
• In the circumstances, the Council cannot reasonably be expected to obtain consent of the data subject to the processing, and
• The processing is necessary for reasons of substantial public interest.

Journalism etc. in Connection with Unlawful Acts and Dishonesty

This condition is met if:

• The processing consists of the disclosure of personal data for the special purposes,
• It is carried out in connection with a matter described below,
• It is necessary for reasons of substantial public interest,
• It is carried out with a view to the publication of the personal data by any person, and
• The Council reasonably believes the publication of the personal data would be in the public interest.

The matters referred to in the second point above are any of the following (whether alleged or established):

• The commission of an unlawful act by a person;
• Dishonesty, malpractice or other seriously improper conduct of a person;
• Unfitness or incompetence of a person;
• Mismanagement in the administration of a body or association;
• A failure in services provided by a body or association

Preventing Fraud

This condition is met if the processing:

• Is necessary for the purposes of preventing fraud or a particular kind of fraud, and
• Consists of:
•  The disclosure of personal data by a person as a member of an anti-fraud organisation,
• The disclosure of personal data in accordance with arrangements made by an anti-fraud organisation.

Suspicion of Terrorist Financing or Money Laundering

This condition is met if the processing is necessary for the purposes of making a disclosure in good faith under either of the following:

• Section 21CA of the Terrorism Act 2000;
• Section 339ZB of the Proceeds of Crime Act 2002 (disclosures within regulated sector in relation to suspicion of money laundering).

Support for individuals with a particular disability or medical condition

This condition is met if the processing:

• Is carried out by a not-for-profit body which provides support to individuals with a particular disability or medical condition,
• Involves personal data that falls within these sub-paragraphs:
• Personal data revealing racial or ethnic origin;
• Genetic data or biometric data;
• Data concerning health
• Personal data concerning an individual’s sex life or sexual orientation.
• And relates to an individual who is a member of the not-for-profit body and:
• Has the disability or condition, has had the disability or condition or has a significant risk of developing that disability or condition, or
• Is a relative or carer of an individual who falls within the category above?
• Is necessary for the purposes of:
• Raising awareness of the disability or medical condition, or
• Providing support to individuals or enabling individuals to provide support to each other,
• Can reasonably be carried out without the consent of the data subject, and
• Is necessary for reasons of substantial public interest.

Counselling, etc.

This condition is met if the processing:

• Is necessary for the provision of confidential counselling, advice or support or of another similar service provided confidentially,
• Is carried out without the consent of the data subject (consent cannot be given by the data subject, consent cannot reasonably be obtained, obtaining consent would prejudice the provision of the service).

Safeguarding of Children and Individuals at Risk

The condition is met if:

• The processing is necessary for the purposes of:
• Protecting an individual from neglect or physical, mental or emotional harm, or
• Protecting the physical, mental or emotional well-being of an individual,
• The individual is:
• Aged under 18, or
• Aged 18 or over and at risk,
• The processing is carried out without the consent of the data subject for one of the following reasons:
• In the circumstances, consent to the processing cannot be given by the data subject
• In the circumstances, the controller cannot reasonably be expected to obtain the consent of the data subject to the processing;
• Obtaining consent would prejudice the provision of the protection.
• The processing is necessary for reasons of substantial public interest.

An individual aged 18 or over is 'at risk' if the controller has reasonable cause to suspect that the individual:

a) Has needs for care and support,

b) Is experiencing, or at risk of, neglect or physical, mental or emotional harm, and

c) As a result of those needs is unable to protect himself or herself against the neglect or harm or the risk of it.

Safeguarding of Economic Well-being of Certain Individuals

This condition is met if the processing:

• Is necessary for the purposes of protecting the economic well-being of an individual at economic risk who is aged 18 or over,
• Is of data concerning health,
• Is carried out without the consent of the data subject
• Is necessary for reasons of substantial public interest.

'Individuals at risk' means an individual who is less able to protect his or her economic well-being by reason of physical or mental injury, illness or disability.

Insurance

This condition is met if the processing:

• Is necessary for an insurance purpose,
• Is of personal data revealing racial or ethnic origin, religious or philosophical beliefs or trade union membership, genetic data or data concerning health, and
• Is necessary for the reasons of substantial public interest, where:
• The processing is not carried out for the purposes of measures or decisions with respect to the data subject, and
• The data subject does not have or is not expected to acquire: rights or obligations to a person who is an insured person under an insurance contract or other rights or obligations in connection with such a contract.

Occupational Pensions

This condition is met if the processing:

• Is necessary for the purpose of making a determination in connection with eligibility for, or benefits payable under, an occupational pension scheme,
• Is of data concerning health which relates to a data subject who is the parent, grandparent, great-grandparent or sibling of a member of the scheme,
• Is not carried out for the purposes of measures or decisions with respect to the data subject, and
• Can reasonably be carried out without the consent of the data subject.

Political Parties

This condition is met is the processing:

• Is of personal data revealing political opinions,
• Is carried out by a person or organisation included in the register maintained under section 23 of the Political Parties, Elections and Referendums Act 2000, and
• Is necessary for the purposes of the person’s or organisation’s political activities

The condition is not met if it is likely to cause substantial damage or substantial distress to a person.

The condition is not met if:

• An individual who is the data subject (or one of the data subjects) has given notice in writing to the Council requiring the Council not to process personal data in respect of which the individual is the data subject (and has not given notice in writing withdrawing that requirement),
• The notice gave the controller a reasonable period in which to stop processing such data, and
• That period has ended.
• In this paragraph political activities include campaigning, fund-raising, political surveys and case-work.

Elected Representatives Responding to Requests

This condition is met if:

• The processing is carried out:
• By an elected representative or a person acting with the authority of such a representative,
• In connection with the discharge of the elected representative’s functions, and
• In response to a request by an individual that the elected representative has taken action on behalf of, and
• The processing is necessary for the purposes of, or in connection with, the action reasonably taken by the elected representative in response to that request.

Where the request to the Elected Representative is made by an individual other that the data subject, the condition is only met if the processing must be carried out without the consent of the data subject for one of the following reasons:

• In the circumstances, consent to the processing cannot reasonably be given by the data subject;
• In the circumstances, the elected representative cannot reasonably be expected to obtain the consent of the data subject to the processing;
• Obtaining the consent of the data subject would prejudice the action taken by the elected representative;
• The processing is necessary in the interests of another individual and the data subject has withheld consent unreasonable.

Disclosure to Elected Representatives

This condition is met if:

• The processing consists of the disclosure of personal data:
• To an elected representative or a person acting with the authority of such a representative, and
• In response to a communication to the Council from that representative or person which was made in response to a request from an individual,
• The personal date is relevant to the subject matter of the communication, and
• The disclosure is necessary for the purpose of responding to that communication

Where the request to the elected representative came from an individual other than the data subject, the condition is met only if the disclosure must be made without the consent of the data subject for one of the following reasons:

• In the circumstances, consent to the processing cannot be given by the data subject;
• In the circumstances, the elected representative cannot reasonably be expected to obtain the consent of the data subject to the processing;
• Obtaining the consent of the data subject would prejudice the action taken by the elected representative;
• The processing is necessary in the interests of another individual and the data subject had withheld consent unreasonably.