Processing of personal data relating to criminal convictions and of fences
1. Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by domestic law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.
2. In the 2018 Act-
- (a) section 10 makes provision about when the requirement in paragraph 1 of this Article for authorisation by domestic law is met;
- (b) section 11(2) makes provision about the meaning of “personal data relating to criminal convictions and offences or related security measures”.
Important note about UK GDPR recitals
Recitals to the GDPR are saved into UK domestic law and apply to the interpretation of the UK GDPR. However, they have not been amended upon saving. This may mean that some recitals are no longer relevant if the corresponding provisions have not been retained in UK domestic law. (Tell me more.)