Now we've got the text of the Act (http://www.legislation.gov.uk/ukpga/2018/12/pdfs/ukpga_20180012_en.pdf), am I right in thinking that the relevant section is Schedule 2(2)(1)(a) ?
Not as snappy as "DPA s.29" ☹
Thanks
Andrew
-----Original Message-----
From: This list is for those interested in Data Protection issues <[log in to unmask]> On Behalf Of TUCKETT, Adam (NHS SOUTH, CENTRAL AND WEST COMMISSIONING SUPPORT UNIT)
Sent: 08 January 2018 17:21
To: [log in to unmask]
Subject: Re: Section 29(3) equivalence in GDPR and DP Bill
Hi Richard
It's also worth looking at GDPR Article 23(1)(d):
The prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
My reading of Article 23 is that to enable the restriction of individuals rights (such as informing, SARs etc), requires Union or Member state law based on the conditions given in Article 23. Without having looked, I presume Article 23 is what the UK DP Bill items you highlight are linking to in the GDPR - Section 14(2)(b) of the bill seems to be the link.
Best regards
Adam
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Richard Preston
Sent: 08 January 2018 13:52
To: [log in to unmask]
Subject: [data-protection] Section 29(3) equivalence in GDPR and DP Bill
Does anyone have an views on were the DPA 1998 S29(3) exemptions will derive from, post DP Bill and GDPR?
To clarify, I work in insurance fraud, which will not be subject to the EU Law Enforcement Directive (my company are not a "competent authority") as defined by GDPR.
My best guess is that it will come from the following:
•GDPR Article 6.1 – Legitimate Grounds for Processing (paragraph E - processing necessary for the performance of a task carried out in the public interest) •DP Bill Schedule 1 Part 2 – Substantial Public Interest – Para 8 (Preventing and Detecting Unlawful Acts) •DP Bill Schedule 1 Part 2 - Substantial Public Interest – Para 9 (Protecting the Public against dishonesty) •DP Bill Schedule 1 Part 2 - Substantial Public Interest – Para 11 (Preventing Fraud)
Thanks in advance for any assistance the community are able to offer.
Richard
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