I originally thought it was an absence of doubt provision except the explanatory memorandum says it is non-exhaustive
C
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Phil Bradshaw
Sent: 17 October 2017 11:36
To: [log in to unmask]
Subject: Re: [data-protection] FW: hawktalk: DPBill provides flexible grounds for public bodies when processing personal data for their statutory functions
I'm not convinced clause 7 can do this.
It is expressly only dealing with processing which falls within Article 6(1)(e) so there is always a necessity test linked to public interest or official function.
As I read it the sole purpose of clause 7 is to avoid any doubt that the activities in DPA 1998 Schedule 2 condition 5 are official functions within Article 6(1)(e). And condition 5 (d) is righty excluded as it is (a) not an official function and (b) already encompassed within Article 6(1)(e).
I can't off hand think of any, but using 'includes' would ensure that official functions (e.g. under common law / royal prerogative?) remain within 6(1)(e) even if not listed. If there are any this would be important as legitimate interest would not be available.
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