Judgment Approved by the court for handing down
(3)
(4)
R (Bridges) v CCSWP and SSHD
In addition, where the processing for any of the law
enforcement purposes is sensitive processing, the
processing is permitted only in the two cases set out in
subsections (4) and (5).
The first case is where —
(a) the data subject has given consent to the
processing for the law enforcement purpose as
mentioned in subsection (2)(a), and
(b) at the time when the processing is carried out,
the controller has an appropriate policy document in
place (see section 42).
(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;