Moved by
Lord Stevenson of Balmacara
33: Schedule 1, page 126, line 21, at end insert—
“Safeguarding of children and vulnerable adults
32A(1) This condition is met if the processing—
(a) is necessary for the exercise of a safeguarding activity,
(b) is carried out without the consent of the data subject so as not to prejudice the exercise of that activity, and
(c) is carried out in compliance with any guidance issued under statute by a Minister of the Crown or a Scottish Minister or Welsh Minister as the case may be.
(2) In this paragraph, “safeguarding activity” means an activity designed to—
(a) protect children and vulnerable or protected adults from maltreatment,
(b) prevent the impairment of children’s, or vulnerable or protected adults’, health or development,
(c) ensure that children grow up in circumstances consistent with the provision of safe and effective care, or
(d) enable children and vulnerable or protected adults to have the best outcomes.
(3) This paragraph applies to a safeguarding activity carried out whether as part of a statutory function or otherwise by any holder of a public office, institution, authority, church or religious congregation, company, organisation, body, or association, whether or not having corporate status.
(4) This paragraph does not apply to the activities of individuals acting in a private capacity.
(5) In this paragraph—
“child” means a person who has not attained the age of 18;
“vulnerable adult” has the same meaning as in paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;
“protected adult” has the same meaning as in the Protection of Vulnerable Groups (Scotland) Act 2007.”