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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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40. Processing of personal data and special categories of personal data by elected representatives

(1) For the purpose of enabling an elected representative to perform his or her functions as such a representative, the processing of personal data and special categories of personal data of a data subject by or on behalf of that representative shall be lawful where he or she receives a request or representation from the data subject or where, in accordance with subsection (2), he or she receives a request or representation from another person on behalf of the data subject.

(2) A person may make a request or representation on behalf of a data subject where the data subject -

(a) has given his or her consent to the making of the request or representation, as the case may be, or

(b) is, by reason of his or her physical or mental incapacity or age, unable to make a request or representation on his or her own behalf.

(3) In processing special categories of personal data under subsection (1), an elected representative shall impose limitations on access to that data to prevent unauthorised c

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