Surely not 'wrong', simply incomplete ?
There is nothing to say whether any of the three conditions in DPP1 has any priority, and having disposed of the matter under fairness the ICO does not have to go on to consider Schedule 2.
At some stage possibly Condition 6(1) may come in to play but as the test of 'necessity' may be harder than the test of fairness there is some logic to considering fairness first - at least in some situations. Equally if ICO had disposed of it for lack of a Schedule 2 condition, it would not be 'wrong' then to ignore fairness.
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