Judgment Approved by the court for handing down
R (Bridges) v CCSWP and SSHD
(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;
(d) the processing of data concerning an individual's sex life or sexual
orientation.”
24.
Section 35 reflects the language and scope of Article 10 of the Law
Enforcement Directive.
“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…”
Definitions
25.
Section 3(2) of the DPA 2018 defines “personal data” as:
“…any information relating to an identified or identifiable living
individual”, which means an individual “who can be identified, directly
or indirectly, in particular by reference to—(a) an identifier such as a
name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual”.