SECOND SCHEDULE
Sections 2(1) and 17(1)
Additional bases for collection, use and
disclosure of personal data without consent
Part 1
COLLECTION OF PERSONAL DATA
1.  The collection of personal data about an individual, if —
(a)the personal data was disclosed by a public agency; and
(b)the collection of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.
Part 2
USE OF PERSONAL DATA
Division 1Public interest
1.  The use of personal data about an individual, if —
(a)the personal data was disclosed by a public agency; and
(b)the use of the personal data by the organisation is consistent with the purpose of the disclosure by the public agency.
Division 2Business improvement purpose
1.—(1)  Subject to the conditions in sub‑paragraph (2), personal data about an individual (P) is used by the organisation for any of the following purposes:
(a)improving or enhancing any goods or services provided, or developing new goods or services to be provided, by the organisation;
(b)improving or enhancing the methods or processes, or developing new methods or processes, for the operations of the organisation;
(c)learning about and understanding the behaviour and preferences of P or another individual in relation to the goods or services provided by the organisation;
(d)identifying any goods or services provided by the organisation that may be suitable for P or another individual, or personalising or customising any such goods or services for P or another individual.
(2)  Sub‑paragraph (1) applies only if —
(a)the purpose for which the organisation uses personal data about P cannot reasonably be achieved without the use of the personal data in an individually identifiable form; and
(b)a reasonable person would consider the use of personal data about P for that purpose to be appropriate in the circumstances.
(3)  To avoid doubt, sub‑paragraph (1) does not apply to the use of personal data about P for the purpose of sending to P or another individual a message for an applicable purpose within the meaning given by section 37(6).
(4)  In this paragraph, “organisation” excludes a corporation within the meaning given by section 4(1) of the Companies Act 1967.
Division 3Research
1.  The use of personal data about an individual for a research purpose (including historical or statistical research), if —
(a)the research purpose cannot reasonably be accomplished unless the personal data is used in an individually identifiable form;
(b)there is a clear public benefit to using the personal data for the research purpose;
(c)the results of the research will not be used to make any decision that affects the individual; and
(d)in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.
Part 3
DISCLOSURE OF PERSONAL DATA WITHOUT CONSENT
Division 1Public interest
1.  The disclosure of personal data about an individual to a public agency, where the disclosure is necessary in the public interest.
2.  The disclosure of personal data about an individual who is a current or former student of an educational institution to a public agency for the purposes of policy formulation or review.
3.  The disclosure of personal data about an individual who is a current or former patient of any of the following to a public agency for the purposes of policy formulation or review:
(a)a healthcare institution licensed under the Private Hospitals and Medical Clinics Act 1980;
(b)a licensee under the Healthcare Services Act 2020;
(c)a prescribed healthcare body.
4.  The disclosure of personal data about any individual to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that prescribed law enforcement agency or a person of a similar rank, certifying that the personal data is necessary for the purposes of the functions or duties of the officer.
Division 2Research
1.  The disclosure of personal data about an individual for a research purpose (including historical or statistical research), if —
(a)the research purpose cannot reasonably be accomplished unless the personal data is disclosed in an individually identifiable form;
(b)it is impracticable for the organisation to seek the individual’s consent for the disclosure;
(c)there is a clear public benefit to disclosing the personal data for the research purpose;
(d)the results of the research will not be used to make a decision that affects the individual; and
(e)in the event that the results of the research are published, the organisation publishes the results in a form that does not identify the individual.
[40/2020]