Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/2905

2002 No. 2905

DATA PROTECTION

The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002

Made 19th November 2002

Coming into force 17th December 2002

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:

Now, therefore, the Lord Chancellor, in exercise of the powers conferred upon him by section 67(2) of, and paragraph 10 of Schedule 3 to, the Data Protection Act 19981, and after consultation with the Information Commissioner2in accordance with section 67(3) of that Act, hereby makes the following Order:

S-1 This Order may be cited as the Data Protection (Processing of...

1. This Order may be cited as the Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002 and shall come into force on the twenty-eighth day after the day on which it is made.

S-2 For the purposes of paragraph 10 of Schedule 3 to the Data...

2. For the purposes of paragraph 10 of Schedule 3 to the Data Protection Act 1998, the circumstances specified in any of paragraphs 3, 4, 5 or 6 in the Schedule to this Order are circumstances in which sensitive personal data may be processed3.

Yvette Cooper

Parliamentary Secretary,

Lord Chancellor’s Department

19th November 2002

SCHEDULE

Article 2

CIRCUMSTANCES IN WHICH SENSITIVE PERSONAL DATA MAY BE PROCESSED

Interpretation

Interpretation

SCH-1.1

1. In this Schedule, “elected representative” means—

(a) a Member of the House of Commons, a Member of the National Assembly for Wales, a Member of the Scottish Parliament or a Member of the Northern Ireland Assembly;

(b) a Member of the European Parliament elected in the United Kingdom;

(c) an elected member of a local authority within the meaning of section 270(1) of the Local Government Act 19724, namely—

(i) in England, a county council, a district council, a London borough council or a parish council,

(ii) in Wales, a county council, a county borough council or a community council;

(d) an elected mayor of a local authority within the meaning of Part II of the Local Government Act 20005;

(e) the Mayor of London or an elected member of the London Assembly;

(f) an elected member of—

(i) the Common Council of the City of London, or

(ii) the Council of the Isles of Scilly;

(g) an elected member of a council constituted under section 2 of the Local Government etc (Scotland) Act 19946; or

(h) an elected member of a district council within the meaning of the Local Government Act (Northern Ireland) 19727.

SCH-1.2

2. For the purposes of paragraph 1 above—

(a) a person who is—

(i) a Member of the House of Commons immediately before Parliament is dissolved,

(ii) a Member of the Scottish Parliament immediately before that Parliament is dissolved, or

(iii) a Member of the Northern Ireland Assembly immediately before that Assembly is dissolved,

shall be treated as if he were such a member until the end of the fourth day after the day on which the subsequent general election in relation to that Parliament or Assembly is held;

(b) a person who is a Member of the National Assembly for Wales and whose term of office comes to an end, in accordance with section 2(5)(b) of the Government of Wales Act 19988, at the end of the day preceding an ordinary election (within the meaning of section 2(4) of that Act), shall be treated as if he were such a member until the end of the fourth day after the day on which that ordinary election is held; and

(c) a person who is an elected member of the Common Council of the City of London and whose term of office comes to an end at the end of the day preceding the annual Wardmotes9shall be treated as if he were such a member until the end of the fourth day after the day on which those Wardmotes are held.

Processing by elected representatives

Processing by elected representatives

SCH-1.3

3. The processing—

(a) is carried out by an elected representative or a person acting with his authority;

(b) is in connection with the discharge of his functions as such a representative;

(c) is carried out pursuant to a request made by the data subject to the elected representative to take action on behalf of the data subject or any other individual; and

(d) is necessary for the purposes of, or in connection with, the action reasonably taken by the elected representative pursuant to that request.

SCH-1.4

4. The processing—

(a) is carried out by an elected representative or a person acting with his authority;

(b) is in connection with the discharge of his functions as such a representative;

(c) is carried out pursuant to a request made by an individual other than the data subject to the elected representative to take action on behalf of the data subject or any other individual;

(d) is necessary for the purposes of, or in connection with, the action reasonably taken by the elected representative pursuant to that request; and

(e) is carried out without the explicit consent of the...

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