Paragraph 10 I1

(1)

This condition is met if the processing—

(a)

is necessary for the purposes of the prevention F1, investigation or detection of an unlawful act,

(b)

must be carried out without the consent of the data subject so as not to prejudice those purposes, and

(c)

is necessary for reasons of substantial public interest.

(2)

If the processing consists of the disclosure of personal data to a competent authority, or is carried out in preparation for such disclosure, the condition in sub-paragraph (1) is met even if, when the processing is carried out, the controller does not have an appropriate policy document in place (see paragraph 5 of this Schedule).

(3)

In this paragraph—

“act” includes a failure to act;
“competent authority” has the same meaning as in Part 3 of this Act (see section 30).

Annotations

Textual amendments

F1: Word in Sch. 1 para. 10(1)(a) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 11 para. 28(3); S.I. 2026/82, reg. 2(z12)

Commencement

I1: Sch. 1 para. 10 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

Notes on Preventing etc unlawful acts

Textual amendments

F1: Word in Sch. 1 para. 10 heading substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 11 para. 28(2); S.I. 2026/82, reg. 2(z12)