The first data protection principle within Schedule 1, Part I of the DPA says:
Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless –
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
The concept of fairness within the first data protection principle is actually an amalgam of three parts of the Data Protection Directive, plus one part that is not contained in the Directive. The first reference to fairness is actually extracted from Article 6.1.(a) of the Data Protection Directive, which says personal data must be ‘processed fairly ...