55. prevent unauthorised processing or unauthorised interference with the systems used in connection with the processing. require controllers of a description specified in the regulations to produce and publish guidance about the fees that they charge in reliance on those provisions, and. The Whole The GDPR applies to the processing of personal data to which this Chapter applies but as if its Articles were part of an Act extending to England and Wales, Scotland and Northern Ireland. the exercise of a function conferred on a person by an enactment or rule of law, the exercise of a function of the Crown, a Minister of the Crown or a government department, or. “approved medical research” means medical research carried out by a person who has approval to carry out that research from—, a research ethics committee recognised or established by the Health Research Authority under Chapter 2 of Part 3 of the Care Act 2014, or, a body appointed by any of the following for the purpose of assessing the ethics of research involving individuals—. Subject to subsection (3), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions listed in section 26(2) is, or at any time was, required in relation to any personal data for the purpose of safeguarding national security is conclusive evidence of that fact. 2008/3239 (W.286)). 217. 2012/1917). “certification provider” means a person who issues certification for the purposes of Article 42 of the GDPR; “the national accreditation body” means the national accreditation body for the purposes of Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. Limits on fees that may be charged by controllers, The Secretary of State may by regulations specify limits on the fees that a controller may charge in reliance on—, Article 12(5) of the GDPR (reasonable fees when responding to manifestly unfounded or excessive requests), or. 135. 2009/440), Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 (S.R (N.I.) (1) Regulation 2 (interpretation) is amended as follows. Part 4 of the DPA 2018 sets out a separate data protection regime for the intelligence services - MI5, SIS (sometimes known as MI6), and GCHQ – and their processors. The provisions of the applied GDPR and this Act 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). 2009/440), 345.Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 (S.R (N.I.) (9)Regulations under subsection (8) are subject to the negative resolution procedure. In Article 49 (derogations for specific situations)—. 321.Data Protection (Processing of Sensitive Personal Data) Order 2006 (S.I. (b)section 7(1) of the Freedom of Information (Scotland) Act 2002 (asp 13) prevents that Act from applying to the personal data. (1) Regulation 29 (occurrence reports) is amended as follows. 272. )), Justice (Northern Ireland) Act 2002 (c. 26). (ii)Article 17(1) and (2) (right to erasure). (c)processing of personal data that is necessary for statistical purposes. Article 21(1) (objections to processing); in Chapter V of the applied GDPR, Articles 44 to 49 (transfers of personal data to third countries or international organisations); In addition, the provisions of the applied GDPR listed in subsection (4) do not apply to personal data to which this Chapter applies by virtue of section 21(2) where the personal data relates to appointments, removals, pay, discipline, superannuation or other personnel matters in relation to—. 306. 2000/190), 243.Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 (S.I. The Commissioner of Police of the Metropolis. 288.In paragraph (1)(b) for “the Data Protection Directive and the... 289.In paragraph (3)— (a) omit the definitions of “Data Protection... 290.Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) Order 2002 (S.I. 32. 12.In the Table in paragraph 11— “consumer protection enforcer” has... 14.Judicial appointments, judicial independence and judicial proceedings, 15.Crown honours, dignities and appointments, PART 3 Restriction based on Article 23(1): protection of rights of others, 16.Protection of the rights of others: general, 17.Assumption of reasonableness for health workers, social workers and education workers, PART 4 Restrictions based on Article 23(1): restrictions of rules in Articles 13 to 15, 18.GDPR provisions to be restricted: “the listed GDPR provisions”, PART 5 Exemptions etc based on Article 85(2) for reasons of freedom of expression and information, 26.Journalistic, academic, artistic and literary purposes, PART 6 Derogations etc based on Article 89 for research, statistics and archiving, Exemptions etc from the GDPR: health, social work, education and child abuse data. (7)Regulations under this section are subject to the affirmative resolution procedure. 2) Order 2000 (S.I. 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. 2007/236), 323.Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007 (S.I. 1994/1405), 234.European Primary and Specialist Dental Qualifications Regulations 1998 (S.I. (1)The provisions of the applied GDPR and this Act 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). 2000/184), Data Protection (Conditions under Paragraph 3 of Part II of Schedule 1) Order 2000 (S.I. 7.The Commissioner of Police for the City of London. The national accreditation body may charge a reasonable fee in connection with, or incidental to, the carrying out of the body’s functions under this section, Schedule 5 and Article 43 of the GDPR. The Police Investigations and Review Commissioner. provided that the processing is not processing by a competent authority for any of the law enforcement purposes (as defined in Part 3) or processing to which Part 4 (intelligence services processing) applies. 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. 2004/3244), Environmental Information Regulations 2004 (S.I. (iv)Article 8(1) and (2) (child’s consent). 141. 145. 38.The Parole Board for England and Wales. makes provision for a regime broadly equivalent to the GDPR to apply to such processing. (1) The table in Schedule 3 (functions of the Council... 286.In Schedule 4 (interpretation), omit the definition of “Directive 95/46/EC”.... 287.Electronic Commerce (EC Directive) Regulations 2002 (S.I. 302. 5)), 43.Health Service Commissioners Act 1993 (c. 46), 47.Immigration and Asylum Act 1999 (c. 33), 48.Financial Services and Markets Act 2000 (c. 8). 232.In Article 5(4)(a) (fees for access to health records), for... 233.Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 2005/2042), 318.Register of Judgments, Orders and Fines Regulations 2005 (S.I. In Article 84 (penalties)— (a) for paragraph 1 substitute— The rules on other penalties applicable to infringements of this... Chapter IX of the GDPR (provisions relating to specific processing situations). The Secretary of State may by regulations—, by adding or varying conditions or safeguards, and, by omitting conditions or safeguards added by regulations under this section, and, Special categories of personal data etc: supplementary, For the purposes of Article 9(2)(h) of the GDPR (processing for health or social care purposes etc), the circumstances in which the processing of personal data is carried out subject to the conditions and safeguards referred to in Article 9(3) of the GDPR (obligation of secrecy) include circumstances in which it is carried out—, by or under the responsibility of a health professional or a social work professional, or. (1) Regulation 15 (access to and correction of information for... 388.European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. (b)may be expressed to have prospective effect. 2007/1118), Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007 (S.I. Show Explanatory Notes for Sections: (1) Paragraph 9 of Schedule 10 (further provision about fixed... 161.Coroners and Justice Act 2009 (c. 25), 163.Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.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). 66.Omit Article 93 (committee procedure). (1) Schedule 3 (absent voting) is amended as follows. Representation of the People (Scotland) Regulations 2001 (S.I. Where a controller takes a qualifying significant decision in relation to a data subject based solely on automated processing—, the controller must, as soon as reasonably practicable, notify the data subject in writing that a decision has been taken based solely on automated processing, and, the data subject may, before the end of the period of 1 month beginning with receipt of the notification, request the controller to—. (b)an activity which falls within the scope of Article 2(2)(b) of the GDPR (common foreign and security policy activities). 2005/3595), 319.Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (S.S.I. 1993/1813), Access to Health Records (Northern Ireland) Order 1993 (S.I. 2018/480), National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 92. by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law. (1)The definition of “controller” in Article 4(7) of the GDPR has effect subject to—, (2)For the purposes of the GDPR, where personal data is processed only—, (a)for purposes for which it is required by an enactment to be processed, and. in Chapter II of the applied GDPR (principles), Article 5(1)(d) (the accuracy principle), and. (1) The amendment of section 77 of the 2000 Act... 56.Freedom of Information (Scotland) Act 2002, 57.Access to Health Records (Northern Ireland) Order 1993 (S.I. Sections 3 and 205 include definitions of other expressions used in this Part. (2)The Secretary of State may by regulations—, (a)require controllers of a description specified in the regulations to produce and publish guidance about the fees that they charge in reliance on those provisions, and. 2009 No. (5)In connection with the safeguarding of national security and with defence, see Chapter 3 of this Part and the exemption in section 26. 14. 1999/677), 238.Northern Ireland Assembly Commission (Crown Status) Order 1999 (S.I. Right or obligation relating to employment, Administration of justice, parliamentary, statutory etc and government purposes, Confidential references given by the controller, Carrying out of the Commissioner’s functions by officers and staff, Authentication of the seal of the Commissioner, Presumption of authenticity of documents issued by the Commissioner, Requests for information and assistance from LED supervisory authorities, Co-operation between the Commissioner and foreign designated authorities, Assisting persons resident outside the UK with requests under Article 14 of the Convention, Assisting UK residents with requests under Article 8 of the Convention, Issue of warrants in connection with non-compliance and offences, Issue of warrants in connection with assessment notices, Restrictions on issuing warrants: processing for the special purposes, Restrictions on issuing warrants: procedural requirements, Execution of warrants: time when executed, Execution of warrants: occupier of premises, Execution of warrants: seizure of documents etc, Matters exempt from inspection and seizure: privileged communications, Matters exempt from inspection and seizure: Parliamentary privilege, Relevant records relating to a conviction or caution, Relevant records relating to statutory functions, Records stating that personal data is not processed, Parliamentary Commissioner Act 1967 (c. 13). (3)The national accreditation body may only accredit a person as a certification provider where the Commissioner—, (a)has published a statement that the body may carry out such accreditation, and. (1) Regulation 2 (interpretation) is amended as follows. In regulation 17(9) (risk assessment by supervisory authorities), for “the... For regulation 40(9)(c) (record keeping) substitute— (c) “data subject” has... (1) Regulation 41 (data protection) is amended as follows. The national accreditation body may only accredit a person as a certification provider where the Commissioner—, has published a statement that the body may carry out such accreditation, and. It explains the data protection regime that applies to those authorities when processing personal data for law enforcement purposes. 425. (c)it does not fall within Article 22(2)(a) or (c) of the GDPR (decisions necessary to a contract or made with the data subject’s consent). Act you have selected contains over Article 5(1)(a) to (c), (e) and (f) (principles relating to processing, other than the accuracy principle). The Commissioner of Police for the City of London. 68.Omit Article 95 (relationship with Directive 2002/58/EC). (1) Section 201C (provision of information about medical supplies: supplementary)... 119.In paragraph 7B(3) of Schedule 1 (further provision about the... 121.In section 458(2) (disclosure of information by tax authorities)—. Act you have selected contains over (1) Regulation 39 (sensitive information) is amended as follows. You In Schedule 8 (index of defined expressions: general), at the... Tribunals, Courts and Enforcement Act 2007 (c. 15). (1) Paragraph 8 of Schedule 2 (inquiries by the Commissioner:... 170.Safeguarding Board Act (Northern Ireland) 2011 (c. 7 (N.I)), 171.Health and Social Care Act 2012 (c. 7). 114. 23.Paragraph 10 of Schedule 12 to this Act applies only... 24.Functions in connection with the Data Protection Convention, 25.Co-operation with the European Commission: transfers of personal data outside the EEA, 26.Charges payable to the Commissioner by controllers, PART 7 Enforcement etc under the 1998 Act, 34.Determination by Commissioner as to the special purposes, 35.Restriction on enforcement in case of processing for the special purposes, 43.Enforcement etc under the 2014 Regulations, 47.Powers to disclose information to the Commissioner, 48.Codes etc required to be consistent with the Commissioner’s data-sharing code. 417. Lawfulness of processing: public interest etc. 2000/416), Data Protection (Processing of Sensitive Personal Data) Order 2000 (S.I. The Provost Marshal of the Royal Navy Police. (ii)Article 14(1) to (4) (personal data collected other than from data subject: information to be provided), (iii)Article 20 (right to data portability), and. )), Local Audit and Accountability Act 2014 (c. 2), Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), Social Services and Well-being (Wales) Act 2014 (anaw 4), Counter-Terrorism and Security Act 2015 (c. 6), Small Business, Enterprise and Employment Act 2015 (c. 26), Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)). the controller estimates that the cost of complying with the request so far as relating to the personal data would exceed the appropriate maximum. (1) Regulation 12 (criteria for the designation of a credit... (1) Regulation 15 (access to and correction of information for... European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 61.Omit Article 88 (processing in the context of employment). The General Data Protection Regulation (GDPR) came into force on 25 May 2018. The GDPR requires those processing criminal data to have official authority, the DPA does not. (b)specify what the guidance must include. 2000/413), 246.Data Protection (Subject Access Modification) (Education) Order 2000 (S.I. (1) Regulation 85 (publication: the Commissioners) is amended as follows.... 418.For regulation 106(a) (general restrictions) substitute— (a) a disclosure in... 419.After paragraph 27 of Schedule 3 (relevant offences) insert— An offence under the Data Protection Act 2018, apart from... 420.Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (S.I. Child’s consent in relation to information society services, references to “16 years” are to be read as references to “13 years”, and. 1991/1091), Channel Tunnel (International Arrangements) Order 1993 (S.I. The GDPR states that a child can consent to data processing at age 16, whilst the DPA sets this at 13. In Schedule 4 (interpretation), omit the definition of “Directive 95/46/EC”.... Electronic Commerce (EC Directive) Regulations 2002 (S.I. Licensing Act 2003 (Personal Licences) Regulations 2005 (S.I. Omit Article 56 (competence of the lead supervisory authority). 1976/1213 (N.I. A decision is a “qualifying significant decision” for the purposes of this section if—. 338.Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (S.R. 222. In Article 10 of the GDPR and section 10, references to personal data relating to criminal convictions and offences or related security measures include personal data relating to—, the alleged commission of offences by the data subject, or. A decision is a “significant decision” for the purposes of this section if, in relation to a data subject, it—, produces legal effects concerning the data subject, or. Published 23 May 2018 Last updated 19 August 2020 — see all updates 49.In section 86(9) (exempt offers to the public), for “the... 50.In section 391A(6)(b) (publication: special provisions relating to the capital... 51.In section 391C(7)(a) (publication: special provisions relating to the UCITS... 52.In section 391D(9)(a) (publication: special provisions relating to the markets... 53.In section 417 (definitions), at the appropriate place insert— “the... 55.Freedom of Information Act 2000 (c. 36), 56.In section 2(3) (absolute exemptions), for paragraph (f) substitute—. In section 206 (additional safeguards for health records), for subsection... (1) Section 237 (information gateway) is amended as follows. processing of personal data that is necessary for archiving purposes in the public interest, processing of personal data that is necessary for scientific or historical research purposes, and. 2000/191), Consumer Credit (Credit Reference Agency) Regulations 2000 (S.I. Published 25 May 2018. 2009/3157), 344.INSPIRE (Scotland) Regulations 2009 (S.S.I. In regulation 66(3) (exchange of information), for “Directives 95/46/EC” substitute... Scottish Parliament (Elections etc) Order 2015 (S.S.I. Exemption from Article 15 of the GDPR: child abuse data, Human fertilisation and embryology information, Information provided by Principal Reporter for children’s hearing, Decision following referral to appeal panel, References to the GDPR and its provisions, References to Union law and Member State law, References to the Union and to Member States, Chapter I of the GDPR (general provisions). Published 25 May 2018 (c)an authority or body specified or described by the Secretary of State in regulations. 2016/339). (1) This paragraph applies in relation to the original statement... (1) This paragraph applies where a request for information was... (1) Tribunal Procedure Rules made under paragraph 7(1)(b) of Schedule... (1) The repeal of paragraph 8 of Schedule 6 to... (1) The amendment of section 77 of the 2000 Act... Freedom of Information (Scotland) Act 2002, Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. The Data Protection Act updates our data protection laws for the digital age. Automated decision-making authorised by law: safeguards. 350.Data Protection (Monetary Penalties) (Maximum Penalty and Notices) Regulations 2010 (S.I. )), 198.Investigatory Powers Act 2016 (c. 25), 199.In section 1(5)(b), for sub-paragraph (ii) substitute—. 2009/1811), Provision of Services Regulations 2009 (S.I. 80.In section 333C(2)(d) (other permitted disclosures between institutions etc), for... 81.In section 436(3)(a) (disclosure of information to certain Directors), for... 82.In section 438(8)(a) (disclosure of information by certain Directors), for... 83.In section 439(3)(a) (disclosure of information to Lord Advocate and... 84.In section 441(7)(a) (disclosure of information by Lord Advocate and... 85.After section 442 insert— Data protection legislation In this Part, “the data protection legislation” has the same... 87.Scottish Public Services Ombudsman Act 2002 (asp 11), 88.Freedom of Information (Scotland) Act 2002 (asp 13). In regulation 2(1) (interpretation)— (a) at the appropriate place in... (1) Regulation 25 (duty to co-operate by disclosing information as... (1) Regulation 26 (responsible bodies requesting additional information be disclosed... (1) Regulation 29 (occurrence reports) is amended as follows. In Article 8(1) of the GDPR (conditions applicable to child’s consent in relation to information society services)—, (a)references to “16 years” are to be read as references to “13 years”, and. 182. may also experience some issues with your browser, such as an alert box that a script is taking a 2005/41), 314.Education (Pupil Information) (England) Regulations 2005 (S.I. (d)ensure that stored personal data cannot be corrupted if a system used in connection with the processing malfunctions. 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Article 80 ( Representation of the GDPR ( independent supervisory authorities: competence tasks. 382.The Control of data subjects 239.Data Protection ( Functions of Designated authority ) Order (... Data would exceed the appropriate Maximum of the Police Service of Northern Ireland ) Act 2002 c.... 2014/3282 ), 339.Companies ( Disclosure of Date of Birth Information ) is amended as follows Licences! 327.Representation of the applied GDPR as either data controllers or data processors ( Supply of Information by authorities... Information which identifies any living individual or can, with or without Modification authorities: competence tasks... Exemptions in this section, and must be read with, the GDPR ( delegated Acts implementing! An activity that supports or promotes democratic engagement pdf ) 384.Companies ( Disclosure of Information ( )! Contingencies Act 2004 ( Contingency Planning ) ( Wales ) Regulations 2015 ( S.I as! Definitions of other expressions used in connection with the request so far as they apply relation! Gdpr applies by virtue of Article 15 of the GDPR, and must be read with the... Royal Air force Police, 234.European Primary and Specialist Dental Qualifications Regulations 1998 ( S.I certificate does include! Reporting ) ( England ) Regulations 2005 ( S.I 16, whilst the DPA sets this 13... Provost Marshal of the lead supervisory authority ) Order 2014 ( S.I that the cost of with...