Legislation – Domestic Abuse Act 2021
Changes to legislation:
Domestic Abuse Act 2021, Section 81 is up to date with all changes known to be in force on or before 07 November 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 81:
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 49A 49B and cross-heading inserted by 2024 c. 21 s. 20(2)
- s. 56(4)(c) inserted by 2024 c. 21 s. 20(4)
- s. 87(6)(aa) inserted by 2024 c. 21 s. 20(5)
PART 7Miscellaneous and general
Data processing for immigration purposes
81Review of processing of victims’ personal data for immigration purposes
(1)
The Secretary of State must, before the end of the relevant period—
(a)
review the processing of domestic abuse data carried out by specified public authorities for immigration purposes,
(b)
prepare and publish a report setting out the findings of the review, and
(c)
lay a copy of the report before Parliament.
(2)
In carrying out the review, the Secretary of State must have regard to the recommendations of the HMIC Report.
(3)
In subsection (1), the “relevant period” means the period beginning with the day on which this section comes into force and ending with 30 June 2021 (but see subsection (4)).
(4)
The Secretary of State may by regulations extend the relevant period by a further period of up to 6 months.
(5)
The power conferred by subsection (4) may be exercised only once.
(6)
In this section—
“domestic abuse data” means personal data obtained for the purposes of, or in connection with, the provision of support in relation to domestic abuse to victims of domestic abuse or their children;
“the HMIC Report” means the report on Liberty and Southall Black Sisters’ super-complaint on policing and immigration status published by Her Majesty’s Chief Inspector of Constabulary on 17 December 2020;
“immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;
“immigration purposes” means the purposes of—
(a)
the maintenance of effective immigration control, or
(b)
the investigation or detection of activities that would undermine the maintenance of effective immigration control;
“personal data” has the meaning given by section 3(2) of the Data Protection Act 2018;
“processing” has the meaning given by section 3(4) of that Act;
“specified public authority” means—
(a)
a chief officer of police of a police force maintained for a police area in England and Wales;
(b)
the chief constable of the Police Service of Scotland;
(c)
the Chief Constable of the Police Service of Northern Ireland;
(d)
the Chief Constable of the British Transport Police Force;
(e)
the Chief Constable of the Ministry of Defence Police;
(f)
an immigration officer or other official of the Secretary of State exercising functions in relation to immigration or asylum.