Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
(5) The second case is where—
(a) the processing is strictly necessary for the law
enforcement purpose,
(b) the processing meets at least one of the conditions in
Schedule 8, and
(c) at the time when the processing is carried out, the
controller has an appropriate policy document in place (see
section 42).
(6) The Secretary of State may by regulations amend Schedule
8—
(a) by adding conditions;
(b) by omitting conditions added by regulations under
paragraph (a).
(7) Regulations under subsection (6) are subject to the
affirmative resolution procedure.
(8) In this section, "sensitive processing" means—
(a) the processing of personal data revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs or
trade union membership;
(b) the processing of genetic data, or of biometric data, for
the purpose of uniquely identifying an individual;
(c) the processing of data concerning health;
(d) the processing of data concerning an individual's sex life
or sexual orientation.”
22.
Section 35 reflects the language and scope of Article 10 of the Data Protection Law
Enforcement Directive (2016/680/EU).
“Article 10 Processing of special categories of personal data
Processing of personal data revealing racial or ethnic origin,
political opinions, religious or philosophical beliefs, or trade
union membership, and the processing of genetic data, biometric
data for the purpose of uniquely identifying a natural person,
data concerning health or data concerning a natural person's sex
life or sexual orientation shall be allowed only where strictly
necessary, subject to appropriate safeguards for the rights and
freedoms of the data subject, and only…”