Section 35 — Data Protection Act 2018: The first data protection principle

The first data protection principle 35 1 The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair.

2 The processing of personal data for any of the law enforcement purposes is lawful only if and to the extent that it is based on law and either—

a the data subject has given consent to the processing for that purpose, or b the processing is necessary for the performance of a task carried out for that purpose by a competent authority.

3 In addition, where the processing for any of the law enforcement purposes is sensitive processing, the processing is permitted only in the two cases set out in subsections (4) and (5).

4 The first case is where—

a the data subject has given consent to the processing for the law enforcement purpose as mentioned in subsection (2)(a),

and b at the time when the processing is carried out, the controller has an appropriate policy document in place (see section 42).

5 The second case is where—

a the processing is strictly necessary for the law enforcement purpose, b the processing meets at least one of the conditions in Schedule 8, and c at the time when the processing is carried out, the controller has an appropriate policy document in place (see section 42).

6 The Secretary of State may by regulations amend Schedule 8—

a by adding conditions;

b by varying or omitting conditions added by regulations under paragraph (a).

7 Regulations under subsection (6) are subject to the affirmative resolution procedure.

8 In this Part , “ sensitive processing ” means—

a the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership;

b the processing of genetic data, or of biometric data, for the purpose of uniquely identifying an individual;

c the processing of data concerning health;

d the processing of data concerning an individual's sex life or sexual orientation.