In Article 6(1) of the UK GDPR (lawfulness of processing), the reference in point (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of ... official authority includes processing of personal data that is necessary for—
(a)the administration of justice,
(b)the exercise of a function of either House of Parliament,
(c)the exercise of a function conferred on a person by an enactment or rule of law,
(d)the exercise of a function of the Crown, a Minister of the Crown or a government department, or
(e)an activity that supports or promotes democratic engagement.
Cases considering section 8 8
[2022] EWCA Civ 1073 · 28 July 2022
The court treated the public-interest condition as relevant to assessing lawful processing, because accuracy of the statements would bear on whether publication was in the public interest. The accuracy claim therefore shared the abusive features of the libel claim. (see para [61])
[2024] EWHC 391 (KB) · 22 February 2024Interprets
The public-interest processing basis includes functions conferred by enactment or rule of law. Healthcare provision was held to fall within that description (see paras [147]-[148]).
[2022] EWHC 3127 (KB) · 7 December 2022Interprets
The judgment confirms that section 8 identifies administration of justice and other functions as examples relevant to Article 6(1)(e), but holds that the examples are not exhaustive (see paras [47], [75], [104]).
What each judgment says about section 8 is in the case-law panel in the full Act.