Processing for law enforcement purposes must be lawful and fair.
It is only lawful if and to the extent it is based on law and either the data subject has given their consent for the processing, or the processing is necessary for the law enforcement purpose, or the processing meets at least one of the conditions in Schedule 8.
Our processing for law enforcement purposes satisfies Schedule 8 in that it is necessary for the exercise of a function conferred on us by the legislation and is necessary for reasons of substantial public interest.
Where personal data is retained as a public record to be transferred to the National Archives, the processing is necessary for archiving purposes in the public interest.
There may also be limited circumstances where we seek consent and in these circumstances, we make sure the consent is:
- given by an affirmative action
- recorded as the condition for processing