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Data Protection and Compliance in Context by Stewart Room

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SCHEDULE 2 CONDITIONS (FOR PERSONAL DATA AND SENSITIVE PERSONAL DATA)

The conditions in Schedule 2 to the DPA apply to both personal data and sensitive personal data, whereas the Schedule 3 conditions apply only to sensitive personal data. This is because sensitive personal data can only be processed if a Schedule 3 condition is met in addition to a Schedule 2 condition.

The necessity test

In five of the six conditions contained in Schedule 2 there is a requirement to show that the processing is ‘necessary’, which will referred to as the ‘necessity test’. It is only the first condition, the data subject’s consent, that does not contain the necessity test.

The ordinary meaning of the word necessity indicates that something more than desirable ...

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