SCHEDULES

SCHEDULE 8Transitional relief

Part IVExemptions after 23rd October 2001 for historical research

15

In this Part of this Schedule “the relevant conditions” has the same meaning as in section 33.

16

1

Eligible manual data which are processed only for the purpose of historical research in compliance with the relevant conditions are exempt from the provisions specified in sub-paragraph (2) after 23rd October 2001.

2

The provisions referred to in sub-paragraph (1) are—

a

the first data protection principle except in so far as it requires compliance with paragraph 2 of Part II of Schedule 1,

b

the second, third, fourth and fifth data protection principles, and

c

section 14(1) to (3).

17

1

After 23rd October 2001 eligible automated data which are processed only for the purpose of historical research in compliance with the relevant conditions are exempt from the first data protection principle to the extent to which it requires compliance with the conditions in Schedules 2 and 3.

2

Eligible automated data which are processed—

a

only for the purpose of historical research,

b

in compliance with the relevant conditions, and

c

otherwise than by reference to the data subject,

are also exempt from the provisions referred to in sub-paragraph (3) after 23rd October 2001.

3

The provisions referred to in sub-paragraph (2) are—

a

the first data protection principle except in so far as it requires compliance with paragraph 2 of Part II of Schedule 1,

b

the second, third, fourth and fifth data protection principles, and

c

section 14(1) to (3).

18

For the purposes of this Part of this Schedule personal data are not to be treated as processed otherwise than for the purpose of historical research merely because the data are disclosed—

a

to any person, for the purpose of historical research only,

b

to the data subject or a person acting on his behalf,

c

at the request, or with the consent, of the data subject or a person acting on his behalf, or

d

in circumstances in which the person making the disclosure has reasonable grounds for believing that the disclosure falls within paragraph (a), (b) or (c).