Schedules Schedule 4: Lawfulness of processing: recognised legitimate interests
Schedule 4 inserts a new Annex 1 into the UK GDPR setting out the conditions for constituting a recognised legitimate interest for the purposes of new Article 6(1)(ea) UK GDPR (as inserted by section 70). The amendment made to Article 6(1) by section 70(2)(c) ensures that public authorities cannot rely on these conditions when processing in the performance of their tasks.
	Paragraph 1 provides a condition for processing where it is necessary for the purposes of making a disclosure to a controller who needs to process that data for its task in the public interest or exercise of official authority pursuant to Article 6(1)(e), in circumstances where the controller has made a request for the personal data. Paragraph 1 would enable a controller to respond to such a request where it considered that the provision of the personal data was necessary. The amendment made to Article 6(1)(e) by section 70(2)(a) ensures that paragraph 1 provides the only circumstance in which a controller can rely on another controller’s tasks in the public interest.
	Paragraph 2 provides a condition for processing where it is necessary for the purposes of safeguarding national security, protecting public security or for defence purposes.
	Paragraphs 3 and 4 provide a condition for processing where it is necessary for responding to an emergency as defined in the Civil Contingencies Act 2004. This condition will be relevant where there is an event or situation which threatens serious damage to human welfare or the environment in the whole, a part or a region of the UK, or where there is war or terrorism which threatens serious damage to the security of the UK. The Civil Contingencies Act 2004 lists a series of events that further define the meaning of these events or situations, including loss of human life, human illness or injury, homelessness etc.
	Paragraph 5 provides a condition for processing where it is necessary for the purposes of detecting, investigating or preventing crime or apprehending or prosecuting offenders. The reference to ‘crime’ would also cover economic crimes such as fraud, money-laundering, terrorist financing etc.
	Paragraph 6 provides a condition for processing where it is necessary for the purposes of safeguarding a child or adult who is over 18 and considered to be at risk in ways defined in paragraph 1.
	Paragraphs 7 and 8 elaborate on what these concepts mean.