Processing of personal data of a special category is prohibited unless it is:
Section 10 and Parts 1, 2 and 3 of Schedule 1 of the DPA 2018 authorises processing of special categories of personal data.
Part 1 sets out conditions relating to employment, health and research
Part 2 sets out conditions relating to substantial public interest
Part 3 includes derogations relating to criminal convictions
Part 4 sets out additional safeguards which must be in place for other derogations to be lawful
Section 8 of the DPA 2018 assists with what is included in the meaning of ‘public interest’
When creating a Record of Processing Activities (Article 30), identify the appropriate lawful basis for the processing for each data flow. If relying on legitimate interests carry out an assessment and record the findings
References:
Article 9 and Recitals (51) to (56) of the GDPR
Section 10 and Parts 1, 2, 3 and 4 of Schedule 1 of the DPA 2018
ICO guidance providing links to further guidance
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/special-category-data/what-are-the-conditions-for-processing/