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Data Protection Act 2018
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11Special categories of personal data etc: supplementary
This section has no associated Explanatory Notes
(1)For the purposes of Article 9(2)(h) of the GDPR (processing for health or social care purposes etc), the circumstances in which the processing of personal data is carried out subject to the conditions and safeguards referred to in Article 9(3) of the GDPR (obligation of secrecy) include circumstances in which it is carried out—
(a)by or under the responsibility of a health professional or a social work professional, or
(b)by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law.
(2)In Article 10 of the GDPR and section 10, references to personal data relating to criminal convictions and offences or related security measures include personal data relating to—
(a)the alleged commission of offences by the data subject, or
(b)proceedings for an offence committed or alleged to have been committed by the data subject or the disposal of such proceedings, including sentencing.
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