Schedule 2, Part 3, paragraph 16(3)

In determining whether it is reasonable to disclose the information without consent, the controller must have regard to all the relevant circumstances, including— the type of information that would be disclosed, any duty of confidentiality owed to the other individual, any steps taken by the controller with a view to seeking the consent of the other individual, whether the other individual is capable of giving consent, and any express refusal of consent by the other individual.

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Source: legislation.gov.uk · retrieved 2026-09-04