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HMRC data protection safeguards

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HMRC has published its ‘appropriate policy document’, outlining the legal basis and safeguards it applies when processing special categories of particularly sensitive personal data and information about criminal convictions. This document is a requirement under the Data Protection Act (DPA) 2018.

HMRC may process special category data for the purposes of:

  • substantial public interest in the performance of its statutory and corporate functions;
  • employment, social security and social protection law for certain benefits and credits functions and for HR purposes;
  • archiving in the public interest for scientific or historical research, or statistical records; and
  • law enforcement, including data relating to criminal convictions and offences.

Special category data is defined in DPA 2018 and the General Data Protection Regulation (GDPR) as relating to:

  • racial or ethnic origin;
  • political opinions;
  • religious or philosophical beliefs;
  • trade union membership;
  • genetic data;
  • biometric data for the purpose of uniquely identifying a natural person;
  • data concerning health; and
  • data concerning a natural person’s sex life or sexual orientation.

Criminal conviction data includes information concerning the alleged commission of offences and related proceedings and sentencing.

HMRC has also updated its main privacy notice and guidance on its criminal investigation powers and safeguards.

See bit.ly/2WIIRx9.

Issue: 1443
Categories: News
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