Annex B

Annex B – Glossary of terms used in section 35 Data Protection Act

Section 35(2) – Personal data are exempt from the non-disclosure provisions #1

#1 non-disclosure provisions means –

The provisions specified in section 27, subsection (4) to the extent to which they are inconsistent with the disclosure in question.

Section 27 subsection (4) – the provisions referred to are –

  • the first data protection principle #2, except to the extent to which it requires compliance with the conditions in schedules 2 and 3 #3,
  • the second, third, forth and fifth #4 data protection principles, and
  • sections 10 and 14 (1) to (3) #5

#2 First data protection principle – personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-

  • at least one of the conditions in Schedule 2 (#3) is met; and
  • in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

#3 Schedule 2 – Conditions relevant for the purpose of processing personal data  under the First Principle - (subsection 5) – The processing is necessary:

(b) for the exercise of any functions conferred on any person by or under any enactment,

(c) for the exercise of any functions of the Crown, a Minister of the Crown or a Government department, or

(d) for the exercise of any other functions of a public nature exercised in the public interest by any person.

  • Schedule 3 relates to sensitive personal data

The Service can be considered to comply with sub-sections (b) & (c) by virtue of the provisions within the Insolvency Act 1986 where a bankruptcy order has been made. Processing can be considered fair and lawful if complying with at least one of the conditions within Schedules 2/3

#4 Second, third, forth and fifth principles means:

Notice to the data subject stating the purposes and accuracy of the data.

#5 Section 10 and 14 means:

The data subjects right to prevent processing likely to cause damage or distress and application to the court for the rectification, blocking or erasure of data.

 

Further Information