Citation and commencement

1. This Order may be cited as the Data Protection (Conditions under Paragraph 3 of Part II of Schedule 1) Order 2000 and shall come into force on 1st March 2000.

Interpretation

2. In this Order, “Part II” means Part II of Schedule 1 to the Data Protection Act 1998.

General provisions

3. —(1) In cases where the primary condition referred to in paragraph 3(2)(a) of Part II is met, the provisions of articles 4 and 5 apply.

(2) In cases where the primary condition referred to in paragraph 3(2)(b) of that Part is met by virtue of the fact that the recording of the information to be contained in the data by, or the disclosure of the data by, the data controller is not a function conferred on him by or under any enactment or an obligation imposed on him by order of a court, but is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract, the provisions of article 4 apply.

Notices in writing

4. —(1) One of the further conditions prescribed in paragraph (2) must be met if paragraph 2(1)(b) of Part II is to be disapplied in respect of any particular data subject.

(2) The conditions referred to in paragraph (1) are that—

(a) no notice in writing has been received at any time by the data controller from an individual, requiring that data controller to provide the information set out in paragraph 2(3) of that Part before the relevant time (as defined in paragraph 2(2) of that Part) or as soon as practicable after that time; or

(b) where such notice in writing has been received but the data controller does not have sufficient information about the individual in order readily to determine whether he is processing personal data about that individual, the data controller shall send to the individual a written notice stating that he cannot provide the information set out in paragraph 2(3) of that Part because of his inability to make that determination, and explaining the reasons for that inability.

(3) The requirement in paragraph (2) that notice should be in writing is satisfied where the text of the notice—

(a) is transmitted by electronic means,

(b) is received in legible form, and

(c) is capable of being used for subsequent reference.

Further condition in cases of disproportionate effort

5. —(1) The further condition prescribed in paragraph (2) must be met for paragraph 2(1)(b) of Part II to be disapplied in respect of any data.

(2) The condition referred to in paragraph (1) is that the data controller shall record the reasons for his view that the primary condition referred to in article 3(1) is met in respect of the data.