I know some of our Prison Service colleagues have been wrestling with this issue as much of the elderly legislation setting up the prison service here in NI is quite vague about its powers to collect data. UP to now they have assumed that powers to manage welfare, health, give them the powers to collect that type of data, otherwise they wouldn't be able to manage those issues.
With GDPR and the LED requiring a much clearer articulation of the legal basis for processing, they are currently having to debate exactly what legitimately can be covered by the legislation and what falls outside this.
Seth
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 08 October 2017 13:56
To: [log in to unmask]
Subject: [data-protection] Exercise of functions under an enactment
I have been looking at the conditions in the current DPA relating to statutory functions. Specifically Schedule 2 Condition 5(b) and Schedule 3 7(1)(b) both of which are in identical terms: "The processing is necessary- ... for the exercise of any functions conferred on any person by or under an enactment"
I have a clear recollection and view that this can only be applied where the relevant enactment confers a duty to process, but not where it simply confers a power. However I have not been able to find any definitive statement to this effect in the ICO Guide to DP or in e.g. the Data Sharing code of Practice. The consequence would be that, if only a power, some other Schedule Condition(s) must be found.
I'm not sure if this was because, in the case of a power it is not a "function conferred" or because it will fail the necessity test - or possibly both
Can anyone point me to any guidance / caselaw which deals with this issue?
If not does anyone agree / disagree with the proposition?
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