1. Personal data
Under data protection law, GHI Directorate can only process your personal data if it is lawful to do so. Please see the details below of the lawful bases that we rely on for processing different types of personal data.
For processing personal data, we rely on the following lawful basis(es):
- UK GDPR Article 6(1)(a) – where you have provided consent for us to process your information for a specific purpose
- UK GDPR Article 6(1)(b) – where processing is necessary for us to fulfil a contract that we have with you
- UK GDPR Article 6(1)(e) – where processing is necessary for us to perform a task which is in the public interest (public task)
- UK GDPR Article 6(1)(f) – where processing is necessary to meet our legitimate interests which are not part of our public function.
2. Special category data
When we process special category data, we rely on the following additional lawful basis(es):
- UK GDPR Article 9(2)(a) – where you have provided us with explicit consent to process your information for a specific purpose
- UK GDPR Article 9(2)(b) – where processing is necessary for reasons involving employment, social security, and social protection
- UK GDPR Article 9(2)(f) – where processing is necessary to establish, carry out or defend legal claims
- UK GDPR Article 9(2)(g) – where processing is necessary for reasons of substantial public interest, specifically:
- for statutory and government purposes (Schedule 1, Part 2, section 6, DPA 2018)
- for the safeguarding of children and of individuals at risk (Schedule 1, Part 2, section 18, DPA 2018)
- UK GDPR Article 9(2)(j) – where processing is necessary for archiving, research or statistical purposes that are in the public interest (Schedule 1, Part 1, section 4, DPA 2018).
3. Criminal offence data – general processing
GHI Directorate also processes criminal offence data, in particular data relating to driving offences, which may include:
- Information about any criminal record or criminal history
- Allegations of criminal behaviour, including unproven allegations
- Absences of convictions, for example the results of DBS checks, or Police National Computer checks
- Personal data of victims and/or witnesses
- Personal data about criminal penalties that may have been awarded.
In addition to the lawful bases that we have identified under “Personal data” above, we process criminal offence data under the following condition(s) of Schedule 1 of the DPA 2018:
- where processing is necessary to carry out specific obligations or exercise rights relating to employment, social security, and social protection (Schedule 1, Part 1, section 1, DPA 2018)
- where processing is necessary for statutory and government purposes (Schedule 1, Part 2, section 6, DPA 2018)
- where processing is necessary for the administration of justice and for parliamentary purposes (Schedule 1, Part 2, section 7, DPA 2018)
- where processing is necessary for the safeguarding of children and of individuals at risk (Schedule 1, Part 2, section 18, DPA 2018).