Article 2 Condition relevant for purposes of the First Principle: processing of sensitive personal data

(1)

For the purposes of paragraph 10 of Schedule 3 to the Act, the circumstances specified in paragraph (2) are circumstances in which sensitive personal data may be processed.

(2)

The processing of information about a criminal conviction or caution for an offence listed in paragraph (3) relating to an indecent photograph or pseudo-photograph of a child is necessary for the purpose of administering an account relating to the payment card used in the commission of the offence or for cancelling that payment card.

(3)

The offences listed are those under —

(a)

section 1 of the Protection of Children Act 1978^f1,

(b)

section 160 of the Criminal Justice Act 1988^f2,

(c)

article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988^f3,

(d)

article 3 of the Protection of Children (Northern Ireland) Order 1978^f4,

(e)

section 52 of the Civic Government (Scotland) Act 1982^f5, or

(f)

incitement to commit any of the offences in sub-paragraphs (a) - (e).

Annotations

Footnotes

f1: 1978 c. 37, relevant amending and modifying instruments are the Sexual Offences Act 2003, s 45, s 139, Sch 6, para 24; the Criminal Justice Act 1988 s160(4); the Criminal Justice and Public Order Act 1994, s 84, s 168(3), Sch 11.
f2: 1988 c. 33, relevant amending instruments are the Sexual Offences Act 2003, s 45, s 139, Sch 6, para 29; the Criminal Justice and Public Order Act 1994, s 84(4), s 86, s 168(3), Sch 11.
f3: 1988 Number 1847 (N.I. 17).
f4: 1978 Number 1047 (N.I. 17).
f5: 1982 c. 45 as amended by the Criminal Justice and Public Order Act 1994 (c.33) s 84; the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Sch 4 para. 44; the Criminal Justice (Scotland) Act 2003 (asp 7) s 19; and the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) s 16.