74 Processing of special categories of personal data U.K.
(1) In Chapter 2 of the UK GDPR, after Article 11 insert—
“ Article 11A Further provision about processing of special categories of personal data
1. The Secretary of State may by regulations—
(a) make provision so that an additional description of processing of personal data is subject to the prohibition in Article 9(1),
(b) make provision so that added processing is not subject to that prohibition,
(c) make provision so that an exception in Article 9(2) may or may not be relied on in connection with added processing, and
(d) make provision varying such an exception as it applies in connection with added processing.
2. In paragraph 1, “ added processing ” means a description of processing which is subject to the prohibition in Article 9(1) by virtue of provision made under paragraph 1(a).
3. Regulations made under this Article (in reliance on Article 91A(4)(b)) may amend section 5, 205 or 206 of the 2018 Act (interpretation).
4. Regulations under this Article are subject to the affirmative resolution procedure. ”
(2) The 2018 Act is amended in accordance with subsections (3) to (9).
(3) In section 33 (definitions of expressions used in Part 3), after subsection (6) insert—
“ (6A) “ Sensitive processing ” has the meaning given in section 35(8). ”
(4) In section 35 (the first data protection principle)—
(a) in subsection (6)(b) (power to omit conditions added to Schedule 8 by regulations), after “by” , in the first place it occurs, insert “varying or” , and
(b) in subsection (8) (definition of “sensitive processing”), for “section” substitute “Part” .
(5) After section 42 insert—
“ 42A Further provision about sensitive processing
(1) The Secretary of State may by regulations—
(a) make provision so that an additional description of processing of personal data is sensitive processing for the purposes of this Part,
(b) make provision so that added processing is not sensitive processing for the purposes of this Part,
(c) make provision so that a protected condition in Schedule 8 may or may not be relied on in connection with added processing, and
(d) make provision varying such a condition as it relates to added processing.
(2) In subsection (1)—
“ added processing ” means a description of processing which is sensitive processing by virtue of provision made under subsection (1)(a);