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Section 10: Special categories of personal data and criminal convictions etc data

Data Protection Act 2018 · 2018 c. 12View on legislation.gov.uk

Part 2: General processing — CHAPTER 2: The UK GDPR

Subsections (2) and (3) make provision about the processing of personal data described in Article 9(1) of the UK GDPR (prohibition on processing of special categories of personal data) in reliance on an exception in one of the following points of Article 9(2)—

point (b) (employment, social security and social protection);
point (g) (substantial public interest);
point (h) (health and social care);
point (i) (public health);
point (j) (archiving, research and statistics).

The processing meets the requirement in point (b), (h), (i) or (j) of Article 9(2) of the UK GDPR for authorisation by, or a basis in, the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1 of Schedule 1.

The processing meets the requirement in point (g) of Article 9(2) of the UK GDPR for a basis in the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 2 of Schedule 1.

Subsection (5) makes provision about the processing of personal data relating to criminal convictions and offences or related security measures that is not carried out under the control of official authority.

The processing meets the requirement in Article 10(1) of the UK GDPR for authorisation by the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1, 2 or 3 of Schedule 1.

The Secretary of State may by regulations—

amend Schedule 1—
by adding or varying conditions or safeguards, and
by omitting conditions or safeguards added by regulations under this section, and
consequentially amend this section.

Regulations under this section are subject to the affirmative resolution procedure.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.