Judgment Approved by the court for handing down.
R (Bridges) -v- CC South Wales & ors
(b) how the processing satisfies section 35 (lawfulness of
processing), and
(c) whether the personal data is retained and erased in
accordance with the policies described in subsection (2)(b)
and, if it is not, the reasons for not following those policies.
(5) In this section, “relevant period”, in relation to sensitive
processing …in reliance on a condition specified in Schedule 8,
means a period which—
(a) begins when the controller starts to carry out the sensitive
processing …in reliance on that condition, and
(b) ends at the end of the period of 6 months beginning when
the controller ceases to carry out the processing.”
29.
Section 64 of the DPA 2018 provides:
“Data protection impact assessment
(1) Where a type of processing is likely to result in a high risk to
the rights and freedoms of individuals, the controller must, prior
to the processing, carry out a data protection impact assessment.
(2) A data protection impact assessment is an assessment of the
impact of the envisaged processing operations on the protection
of personal data.
(3) A data protection impact assessment must include the
following—
(a) a general description of the envisaged processing
operations;
(b) an assessment of the risks to the rights and freedoms of
data subjects;
(c) the measures envisaged to address those risks;
(d) safeguards, security measures and mechanisms to ensure
the protection of personal data and to demonstrate compliance
with this Part, taking into account the rights and legitimate
interests of the data subjects and other persons concerned.
(4) In deciding whether a type of processing is likely to result in
a high risk to the rights and freedoms of individuals, the
controller must take into account the nature, scope, context and
purposes of the processing.”