Legislation – Data Protection Act 2018
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Data Protection Act 2018, Section 130 is up to date with all changes known to be in force on or before 10 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
Records of national security certificates
130Records of national security certificates
(1)
A Minister of the Crown who issues a certificate under section 27, 79 or 111 must send a copy of the certificate to the Commissioner.
(2)
If the Commissioner receives a copy of a certificate under subsection (1), the Commissioner must publish a record of the certificate.
(3)
The record must contain—
(a)
the name of the Minister who issued the certificate,
(b)
the date on which the certificate was issued, and
(c)
subject to subsection (4), the text of the certificate.
(4)
The Commissioner must not publish the text, or a part of the text, of the certificate if—
(a)
the Minister determines that publishing the text or that part of the text—
(i)
would be against the interests of national security,
(ii)
would be contrary to the public interest, or
(iii)
might jeopardise the safety of any person, and
(b)
the Minister has notified the Commissioner of that determination.
(5)
The Commissioner must keep the record of the certificate available to the public while the certificate is in force.
(6)
If a Minister of the Crown revokes a certificate issued under section 27, 79 or 111, the Minister must notify the Commissioner.