Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Section 79 is up to date with all changes known to be in force on or before 27 October 2025. 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.
Changes to Legislation
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PART 3Law enforcement processing
CHAPTER 6Supplementary
79National security: certificate
F1(1)
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F1(2)
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F1(3)
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F2(3A)
Subject to subsection (5), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions listed in section 78A(2) is, or at any time was, required in relation to any personal data for the purposes of safeguarding national security is conclusive evidence of that fact.
(4)
A certificate issued under F3subsection (3A)—
(a)
may identify the personal data to which it applies by means of a general description, and
(b)
may be expressed to have prospective effect.
(5)
Any person directly affected by the issuing of a certificate under F4subsection (3A) may appeal to the Tribunal against the certificate.
(6)
If, on an appeal under subsection (5), the Tribunal finds that, applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may —
(a)
allow the appeal, and
(b)
quash the certificate.
(7)
Where in any proceedings under or by virtue of this Act, it is claimed by a controller that F5a certificate under subsection (3A) which identifies the personal data to which it applies by means of a general description applies to any personal data, any other party to the proceedings may appeal to the Tribunal on the ground that F6the certificate does not apply to the personal data in question.
(8)
(9)
On an appeal under subsection (7), the Tribunal may determine that the certificate does not so apply.
(10)
A document purporting to be a certificate under F9subsection (3A) is to be—
(a)
received in evidence, and
(b)
deemed to be such a certificate unless the contrary is proved.
(11)
A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under F10subsection (3A) is—
(a)
in any legal proceedings, evidence of that certificate, and
(b)
in any legal proceedings in Scotland, sufficient evidence of that certificate.
(12)
The power conferred by F11subsection (3A) on a Minister of the Crown is exercisable only by—
(a)
a Minister who is a member of the Cabinet, or
(b)
the Attorney General or the Advocate General for Scotland.
F12(13)
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