Special categories of personal data and data relating to criminal convictions and offences in UK

Clause 10 DPA regulates the processing of the special categories of personal data and data relating to criminal convictions and offences, in particular, the exceptions to the prohibition of processing of such data laid down by Art. 9 and 10 GDPR.

Special categories of personal data

The DPA specifies the exceptions related to the processing of special categories of data for the following purposes:

  • employment, social security and social protection (for more details, see Section 22 “Data Protection for Employees”)
  • substantial public interest
  • health and social care
  • public health
  • archiving, research and statistics (for more details, see Section 23 “Archiving, Scientific and Historical research”).

Such processing must meet conditions of Part 1 of Schedule 1 DPA, which further specifies definitions and provisions relevant for the above-mentioned purposes. For example, it explains that “health or social care purposes” include, among others, medical diagnosis or the provision of health care or treatment.

Further, processing of such data for the purposes of substantial public interest is authorized only if conditions of Part 2 (“substantial public interest” of Schedule 1 DPA are fulfilled. It clarifies that substantial public interest purposes include, for example, particular statutory and governmental purposes, as well as administration of justice and parliamentary purposes.

Data relating to criminal convictions and offences

Clause 10(5) DPA allows for processing of data relating to criminal convictions and offences, if the conditions in Schedules 1-3 of the DPA are met.