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Data Protection and Compliance in Context by Stewart Room

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THE DATA PROTECTION (PROCESSING OF SENSITIVE PERSONAL DATA) ORDER 2000

This order is made under paragraph 10 of Schedule 3 to the DPA and describes additional circumstances pursuant to which sensitive personal data may be processed. Ten situations are identified in the schedule to the order, the majority of which also contain the necessity test. Five of the circumstances also require that the processing be carried out ‘in the substantial public interest’.

As far as the substantial public interest test is concerned, this involves a test of proportionality, that is, the interference with the data subject’s rights must be proportionate judged by reference to the public interest served, which itself must be ‘substantial’. The fact that the processing ...

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