Annex 2
Purpose limitation: processing to be treated as compatible with original purpose
Disclosure for purposes of processing described in Article 6(1)(e)
- This condition is met where:
- the processing:
- is necessary for the purposes of making a disclosure of personal data to another person in response to a request from the other person, and
- is not carried out by a public authority in the performance of its tasks, and
- the request states that the other person needs the personal data for the purposes of carrying out processing that:
- is described in Article 6(1)(e),
- has a legal basis that satisfies Article 6(3), and
- is necessary to safeguard an objective listed in Article 23(1)(c) to (j).
Disclosure for the purposes of archiving in the public interest
- This condition is met where:
- the processing:
- is necessary for the purposes of making a disclosure of personal data to another person (“R”) in response to a request from R, and
- is carried out in accordance with Article 84B,
- the controller in relation to the processing collected the personal data based on Article 6(1)(a) (data subject’s consent),
- the request from R states that R intends to process the personal data only for the purposes of archiving in the public interest, and
- the controller reasonably believes that R will carry out that processing in accordance with generally recognised standards relevant to R’s archiving in the public interest.
Public security
- This condition is met where the processing is necessary for the purposes of protecting public security.
Emergencies
- This condition is met where the processing is necessary for the purposes of responding to an emergency.
- In paragraph 4, “emergency” has the same meaning as in Part 2 of the Civil Contingencies Act 2004.
Crime
- This condition is met where the processing is necessary for the purposes of:
- detecting, investigating or preventing crime, or
- apprehending or prosecuting offenders.
Protection of vital interests of data subjects and others
- This condition is met where the processing is necessary for the purposes of protecting the vital interests of the data subject or another individual.
Safeguarding vulnerable individuals
- This condition is met where the processing is necessary for the purposes of safeguarding a vulnerable individual.
- In paragraph 8:
- “safeguarding”, in relation to a vulnerable individual, means:
- a. protecting a vulnerable individual from neglect or physical, mental or emotional harm, or
- b. protecting the physical, mental or emotional well-being of a vulnerable individual;
- “vulnerable individual” means an individual:
- a. aged under 18, or
- b. aged 18 or over and at risk.
- For the purposes of paragraph 9:
- protection of an individual, or of the well-being of an individual, includes both protection relating to a particular individual and protection relating to a type of individual, and
- an individual aged 18 or over is “at risk” if the controller has reasonable cause to suspect that the individual:
- has needs for care and support,
- is experiencing, or at risk of, neglect or physical, mental or emotional harm, and
- as a result of those needs is unable to protect themselves against the neglect, harm or risk.
Taxation
- This condition is met where the processing is necessary for the purposes of the assessment or collection of a tax or duty or an imposition of a similar nature.
Legal obligations
- This condition is met where the processing is necessary for the purposes of complying with an obligation of the controller under an enactment, a rule of law or an order of a court or tribunal.