1 This condition is met if the processing—
(a) is necessary for the exercise of a function conferred on a person by an enactment or rule of law, and
(b) is necessary for reasons of substantial public interest.
Definitions used in Schedule 8, paragraph 1 1
- enactment
“enactment” includes—
Defined in s.205(1) · see it in the full Act(a)an enactment passed or made after this Act,
(b)an enactment comprised in subordinate legislation,
(c)an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,
(d)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, ...
(e)an enactment comprised in, or in an instrument made under, Northern Ireland legislation; and
(f)any assimilated direct legislation;
Cases considering Schedule 8, paragraph 1 3
Bridges, R (On Application of) v The Chief Constable of South Wales Police
Applies the Schedule 8 condition for processing necessary to exercise a function conferred by enactment or rule of law and necessary for substantial public interest. The common-law duty to prevent and detect crime satisfied the condition. (see para [137])
Bridges, R (On the Application Of) v South Wales Police
Identifies necessity for a statutory or common law function and substantial public interest as the relevant scheduled condition. Treats this as an important safeguard without regarding it as sufficient to regulate watchlist membership and locations (see paras [103]–[104]).
II, R (On the Application Of) v Commissioner of Police of the Metropolis
The provision was set out as a condition for sensitive processing, but the court did not need to decide whether it was met because retention failed the separate requirement of strict necessity. (see paras [84], [88])
What each judgment says about Schedule 8, paragraph 1 is in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Commencement
- I389Sch. 8 para. 1 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)