Part 2: General processing Chapter 2: The GDPR Section 8: Lawfulness of processing: public interest etc
Article 6(1)(e) of the GDPR provides that processing is lawful where it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller (the limitation in Article 6(3) notwithstanding). Article 6(2) of the GDPR enables Member States to, amongst other things, set out more specific provisions in respect of Article 6(1)(c) and (e).
	This section provides a non-exhaustive list of examples of processing under Article 6(1)(e). This includes processing of personal data that is necessary for the administration of justice, the exercise of a function of a Government department, either House of Parliament, the Crown, a Minister of the Crown, a function conferred on a person by enactment or rule of law or an activity that supports or promotes democratic engagement. The list is similar to that contained in paragraph 5 of Schedule 2 to the 1998 Act. As the list is non-exhaustive, organisations whose processing activities are not listed in this section will still be able to rely on Article 6(1)(e) where those activities are carried out in the public interest or in the exercise of the controller’s official authority. So, for example, a university undertaking processing of personal data necessary for medical research purposes in the public interest should be able to rely on Article 6(1)(e).
	The term "democratic engagement" is intended to cover a wide range of political activities inside and outside election periods, including but not limited to: democratic representation; communicating with electors and interested parties; surveying and opinion gathering, campaigning activities; activities to increase voter turnout; supporting the work of elected representatives, prospective candidates and official candidates; and fundraising to support any of these activities.