additional conditions for sensitive data

The Act imposes additional requirements in relation to the processing of sensitive personal data. Sensitive data are information relating to an individual's racial or ethnic origin, political or religious beliefs, trade union membership, physical or mental health, sex life or criminal record. If this information is to be processed, one of the conditions set out above must be met, and at least one of the following additional conditions must also apply.

The individual has given his or her explicit consent to the processing.
The processing is necessary in order for the employer to exercise or perform any legal right or obligation connected with employment.
The processing is necessary to protect the vital interests of the individual or another person, and the individual cannot give consent or the employer cannot reasonably be expected to obtain the individual's consent.
The processing is necessary for the purposes of legal proceedings.
The processing is necessary for medical purposes, provided it is undertaken by a health professional or someone who owes a similar duty of confidentiality.
Where the processing relates to information about an individual's racial or ethnic origin, religious beliefs or physical or mental condition, the processing is necessary to monitor equal opportunities.

information commissioner

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.