Parts 5 to 7, in so far as they apply in relation to the applied GDPR. (d)ensure that stored personal data cannot be corrupted if a system used in connection with the processing malfunctions. 2000/419), 251.Data Protection (Designated Codes of Practice) (No. Schedules you have selected contains over 2015/2059). 14.The Provost Marshal of the Royal Military Police. The Secretary of State may by regulations restrict the transfer of a category of personal data to a third country or international organisation where—, the transfer is not authorised by an adequacy decision under Article 45(3) of the GDPR, and. 123). the remaining provisions of Chapters II and III (principles and rights of the data subject); Chapter IX (specific processing situations). Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 118. 321.Data Protection (Processing of Sensitive Personal Data) Order 2006 (S.I. Published 25 May 2018. The Act changes the previous data protection framework, which was established under the Data Protection Acts 1988 and 2003 (pdf). Data Protection Act: Intelligence Services Processing This Part of the Act concerns the processing of personal data by intelligence services. (4)Subsection (5) makes provision about the processing of personal data relating to criminal convictions and offences or related security measures that is not carried out under the control of official authority. (1) Section 3 (right of access to health records) is... 39.Human Fertilisation and Embryology Act 1990 (c. 37), 40.Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), 41.Tribunals and Inquiries Act 1992 (c. 53), 42.Industrial Relations (Northern Ireland) Order 1992 (S.I. Published 25 May 2018. 386. Good practice in data protection is vital to ensure public trust in, engagement with and support for innovative uses of data in both the public and private sectors. 2003/2818). (1) Section 19 (disclosure of information held by revenue departments)... (1) Part 1 of Schedule 4 (extension of existing disclosure... Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I. 115. (3)In this Chapter, “the applied Chapter 2 ” means Chapter 2 of this Part as applied by this Chapter. 2018/67). Transfers of personal data to third countries etc, The Secretary of State may by regulations specify, for the purposes of Article 49(1)(d) of the GDPR—, circumstances in which a transfer of personal data to a third country or international organisation is to be taken to be necessary for important reasons of public interest, and. The Secretary of State may by regulations make provision in connection with the processing of personal data to which this Chapter applies which is equivalent to that made by GDPR regulations, subject to such modifications as the Secretary of State considers appropriate. 299. 1999/677), Northern Ireland Assembly Commission (Crown Status) Order 1999 (S.I. 329.In regulation 2 (interpretation), at the appropriate place insert— “the... 330.In regulation 10(2) (duties of Boards of Governors), for “documents... 331.Representation of the People (Northern Ireland) Regulations 2008 (S.I. 200 provisions and might take some time to download. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). 69.In Article 96 (relationship with previously concluded Agreements), for “by... 72.Omit Article 99 (entry into force and application). In rule 7(2) (provision of information) for “Schedule 1 of... Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. An authority or body that falls within subsection (1) is only a “public authority” or “public body” for the purposes of the GDPR when performing a task carried out in the public interest or in the exercise of official authority vested in it. (4)Terms used in Chapter 3 of this Part and in the applied GDPR have the same meaning in Chapter 3 as they have in the applied GDPR. In Schedule 1 (powers of seizure)— (a) omit paragraph 65,... Anti-terrorism, Crime and Security Act 2001 (c.24). 1 Where a processor engages another processor for carrying out specific processing activities on … The Whole long time to run. It covers part 3 of the Data Protection Act 2018 (DPA 2018), which implements an EU Directive (Directive 2016/680) and is separate from the GDPR regime. 22)). Manual unstructured data used in longstanding historical research, The provisions of the applied GDPR listed in subsection (2) do not apply to personal data to which this Chapter applies by virtue of section 21(2) (manual unstructured personal data held by FOI public authorities) at any time when—, is subject to processing which was already underway immediately before 24 October 1998, and, is processed only for the purposes of historical research, and, for the purposes of measures or decisions with respect to a particular data subject, or. Power to make further exemptions etc by regulations, The following powers to make provision altering the application of the GDPR may be exercised by way of regulations made by the Secretary of State under this section—. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Article 83 (general conditions for imposing administrative fines); in section 115 (general functions of the Commissioner), subsections (3) and (8); in section 115, subsection (9), so far as it relates to Article 58(2)(i) of the applied GDPR; section 119 (inspection in accordance with international obligations); sections 142 to 154 and Schedule 15 (Commissioner’s notices and powers of entry and inspection); sections 170 to 173 (offences relating to personal data); in Part 7 of this Act, section 187 (representation of data subjects). (1) Regulation 15 (access to and correction of information for... 388.European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. It explains the data protection regime that applies to those authorities when processing personal data for law enforcement purposes. (5)In subsection (4), the reference to a term’s meaning in the applied GDPR is to its meaning in the GDPR read with any provision of Chapter 2 (as applied by Chapter 3 ) or Chapter 3 which modifies the term’s meaning for the purposes of the applied GDPR. The UK data protection legislation is set out in the Data Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) (which also forms part of UK law). 20. 1992/807 (N.I. Controlled Drugs (Supervision of Management and Use) Regulations 2013 (S.I. 30. Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. (1) Regulation 11 (personal data) is amended as follows. For more information see the EUR-Lex public statement on re-use. The GDPR states that a child can consent to data processing at age 16, whilst the DPA sets this at 13. (1) Section 251A (consistent identifiers) is amended as follows. The Police Investigations and Review Commissioner. Representation of the People (Northern Ireland) Regulations 2008 (S.I. Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (S.R. the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system; “the manual unstructured processing of personal data” means the processing of personal data which is not the automated or structured processing of personal data. 68.Omit Article 95 (relationship with Directive 2002/58/EC). In Article 30 (records of processing activities)—. 1993/1813), Access to Health Records (Northern Ireland) Order 1993 (S.I. the Secretary of State, the Scottish Ministers, the Welsh Ministers, or a Northern Ireland department; United Kingdom Research and Innovation or a body that is a Research Council for the purposes of the Science and Technology Act 1965; an institution that is a research institution for the purposes of Chapter 4A of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (see section 457 of that Act); an NHS trust or NHS foundation trust in England. 415. 2002/2905), 291.Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 372. 2000/417), 250.Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 (S.I. The Secretary of State may by regulations make such further provision as the Secretary of State considers appropriate to provide suitable measures to safeguard a data subject’s rights, freedoms and legitimate interests in connection with the taking of qualifying significant decisions based solely on automated processing. 6. Conditions for sensitive processing under Part 4, 2.Right or obligation relating to employment, 7.Administration of justice, parliamentary, statutory etc and government purposes, 3.Information required to be disclosed by law etc or in connection with legal proceedings, 11.Confidential references given by the controller, 6.Carrying out of the Commissioner’s functions by officers and staff, 7.Authentication of the seal of the Commissioner, 8.Presumption of authenticity of documents issued by the Commissioner, Other general functions of the Commissioner, 2.Requests for information and assistance from LED supervisory authorities, 6.Co-operation between the Commissioner and foreign designated authorities, 7.Assisting persons resident outside the UK with requests under Article 14 of the Convention, 8.Assisting UK residents with requests under Article 8 of the Convention, 1.Issue of warrants in connection with non-compliance and offences, 2.Issue of warrants in connection with assessment notices, 3.Restrictions on issuing warrants: processing for the special purposes, 4.Restrictions on issuing warrants: procedural requirements, 7.Execution of warrants: reasonable force, 8.Execution of warrants: time when executed, 9.Execution of warrants: occupier of premises, 10.Execution of warrants: seizure of documents etc, 11.Matters exempt from inspection and seizure: privileged communications, 12.Matters exempt from inspection and seizure: Parliamentary privilege, Review of processing of personal data for the purposes of journalism, 4.Applications in respect of urgent notices, 3.Relevant records relating to a conviction or caution, 4.Relevant records relating to statutory functions, 6.Records stating that personal data is not processed, 3.Parliamentary Commissioner Act 1967 (c. 13). (7)The national accreditation body must provide the Secretary of State with such information relating to its functions under this section, Schedule 5 and Article 43 of the GDPR as the Secretary of State may reasonably require. 316. Regulations under subsection (1) may apply a provision of GDPR regulations, with or without modification. 1 (1) This condition is met if— (a) the processing is necessary for the purposes of performing or exercising obligations or rights which are imposed or conferred by law on the controller or the data subject in connection with employment, social security or social protection, and (2)The Secretary of State may by regulations restrict the transfer of a category of personal data to a third country or international organisation where—, (a)the transfer is not authorised by an adequacy decision under Article 45(3) of the GDPR, and. 2004/3391). (1) The table in Schedule A1 (functions of the GDC... Scottish Parliamentary Corporate Body (Crown Status) Order 1999 (S.I. Act you have selected contains over In section 189(1) (definitions), at the appropriate place insert— “the... Pharmacy (Northern Ireland) Order 1976 (S.I. are subject to the made affirmative resolution procedure where the Secretary of State has made an urgency statement in respect of them; are otherwise subject to the affirmative resolution procedure. No changes have been applied to the text. 2008 No. 67.In section 26B(3)(a) (voluntary disclosure of data to Audit Scotland),... 68.In section 26C(3)(a) (power to require disclosure of data), for... 69.In section 29(1) (interpretation), at the appropriate place insert— “the... 70.Criminal Justice and Police Act 2001 (c. 16), 71.In section 57(1) (retention of seized items)—, 72.In section 65(7) (meaning of “legal privilege”)—. It is a national law which complements the European Union's General Data Protection Regulation and replaces the Data Protection Act 1998. The Data Protection Act 2018 says that ‘public authority’ here means a public authority under the Freedom of Information Act or Freedom of Information (Scotland) Act – with the exception of parish and community councils. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. (2)A decision is a “significant decision” for the purposes of this section if, in relation to a data subject, it—, (a)produces legal effects concerning the data subject, or. In paragraph 18(5) of Schedule 3 (supply of information to... Justice Act (Northern Ireland) 2015 (c. 9 (N.I. 2010/910), 361.National Employment Savings Trust Order 2010 (S.I. 368. )), In section 1(5)(b), for sub-paragraph (ii) substitute—. )), 184.Local Audit and Accountability Act 2014 (c. 2), 185.Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), 188.Social Services and Well-being (Wales) Act 2014 (anaw 4), 189.Counter-Terrorism and Security Act 2015 (c. 6), 190.Small Business, Enterprise and Employment Act 2015 (c. 26), 192.Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)). 2002/2905), Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. (1) Article 10 (disclosure of requested data to the Secretary... 364.Local Elections (Northern Ireland) Order 2010 (S.I. without 2000/413), Data Protection (Subject Access Modification) (Education) Order 2000 (S.I. (1) Section 17 (disclosure of information) is amended as follows.... 209.In section 44(3) (disclosure of information)— (a) in paragraph (a),... 211.Children and Social Work Act 2017 (c. 12), 212.Higher Education and Research Act 2017 (c. 29). Show Explanatory Notes for Sections: 2016/339). 2014/3282), The Control of Explosives Precursors etc Regulations (Northern Ireland) 2014 (S.R. (4)The Secretary of State may by regulations provide that a person specified or described in the regulations that is a public authority described in subsection (1)(a) or (b) is not a “public authority” or “public body” for the purposes of the GDPR. 25.The Director of the Serious Fraud Office. Article 11(2) (processing not requiring identification); in Chapter III of the applied GDPR (rights of the data subject)—. (a)service in any of the armed forces of the Crown; (b)service in any office or employment under the Crown or under any public authority; (c)service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action taken, in such matters is vested in—, (v)a Northern Ireland Minister (within the meaning of the Freedom of Information Act 2000), or. 22)). proceedings for an offence committed or alleged to have been committed by the data subject or the disposal of such proceedings, including sentencing. a parish meeting constituted under section 13 of the Local Government Act 1972; a community meeting constituted under section 27 of that Act; under Part 1 of the Local Government and Public Involvement in Health Act 2007, or, by the Charter Trustees Regulations 1996 (. 2008/3122), 333.Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008 (S.I. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. 182. Regulations under this section are subject to the affirmative resolution procedure. may be expressed to have prospective effect. 193.In section 13(5) (duty to notify National Crime Agency about... 194.In section 25(1) (interpretation of this Act), at the appropriate... 195.In paragraph 18(5) of Schedule 3 (supply of information to... 196.Justice Act (Northern Ireland) 2015 (c. 9 (N.I. 73.In Schedule 1 (powers of seizure)— (a) omit paragraph 65,... 74.Anti-terrorism, Crime and Security Act 2001 (c.24). 9)), 60.Environmental Information Regulations 2004 (S.I. Section 5 of Chapter IV of the GDPR (controller and processor: codes of conduct and certification). 1999/677), 238.Northern Ireland Assembly Commission (Crown Status) Order 1999 (S.I. the outcome of complying with the request. (1) Part 1 of Schedule 4 (extension of existing disclosure... 77.Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I. Where, in any proceedings under or by virtue of the applied GDPR or this Act, it is claimed by a controller that a certificate under subsection (1) which identifies the personal data to which it applies by means of a general description applies to any personal data, another party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the personal data in question. No changes have been applied to the text.