Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 127 is up to date with all changes known to be in force on or before 11 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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PART 5The Information Commissioner
Codes of practice
127Effect of codes issued under section 125(4)
(1)
A failure by a person to act in accordance with a provision of a code issued under section 125(4) does not of itself make that person liable to legal proceedings in a court or tribunal.
(2)
A code issued under section 125(4), including an amendment or replacement code, is admissible in evidence in legal proceedings.
(3)
In any proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code issued under section 125(4) in determining a question arising in the proceedings if—
(a)
the question relates to a time when the provision was in force, and
(b)
the provision appears to the court or tribunal to be relevant to the question.
(4)
Where the Commissioner is carrying out a function described in subsection (5), the Commissioner must take into account a provision of a code issued under section 125(4) in determining a question arising in connection with the carrying out of the function if—
(a)
the question relates to a time when the provision was in force, and
(b)
the provision appears to the Commissioner to be relevant to the question.
(5)
Those functions are functions under—
(a)
the data protection legislation, or
(b)
the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).