THE DATA PROTECTION (PROCESSING OF SENSITIVE PERSONAL DATA) (ELECTED REPRESENTATIVES) ORDER 2002

This order allows for the processing of sensitive personal data consisting of processing by elected representatives and disclosures of sensitive personal data by data controllers to elected representatives. Elected representatives are members of the House of Commons, the Welsh Assembly, the Scottish Parliament, the Northern Ireland Assembly, a UK Member of the European Parliament and mayors and councillors of local authorities and similar bodies, such as the London Assembly. This order covers cases where an elected representative is asked by a data subject to take action on their behalf, or on behalf of another person. Basically, it facilitates the performance of the elected representative’s functions. If an elected representative contacts a data controller, the data controller can disclose sensitive personal data to the elected representative without fear of breaching the DPA, but if a data controller is contacted by an elected representative, it should consult the order before disclosing sensitive personal data.

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