Legislation – Data (Use and Access) Act 2025

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Introduction

Part 1
Access to customer data and business data

1 Customer data and business data

2 Power to make provision in connection with customer data

3 Customer data: supplementary

4 Power to make provision in connection with business data

5 Business data: supplementary

6 Decision-makers

7 Interface bodies

8 Enforcement of regulations under this Part

9 Restrictions on powers of investigation etc

10 Financial penalties

11 Fees

12 Levy

13 Financial assistance

14 The FCA and financial services interfaces

15 The FCA and financial services interfaces: supplementary

16 The FCA and financial services interfaces: penalties and levies

17 The FCA and co-ordination with other regulators

18 Liability in damages

19 Duty to review regulations

20 Restrictions on processing and data protection

21 Regulations under this Part: supplementary

22 Regulations under this Part: Parliamentary procedure and consultation

23 Related subordinate legislation

24 Repeal of provisions relating to supply of customer data

25 Other defined terms

26 Index of defined terms for this Part

Part 2
Digital verification services

27 Introductory

28 DVS trust framework

29 Supplementary codes

30 Withdrawal of a supplementary code

31 Review of DVS trust framework and supplementary codes

32 DVS register

33 Registration in the DVS register

34 Power to refuse registration in the DVS register

35 Registration of additional services

36 Supplementary notes

37 Addition of services to supplementary notes

38 Applications for registration, supplementary notes, etc

39 Fees for applications for registration, supplementary notes, etc

40 Duty to remove person from the DVS register

41 Power to remove person from the DVS register

42 Duty to remove services from the DVS register

43 Duty to remove supplementary notes from the DVS register

44 Duty to remove services from supplementary notes

45 Power of public authority to disclose information to registered person

46 Information disclosed by the Revenue and Customs

47 Information disclosed by the Welsh Revenue Authority

48 Information disclosed by Revenue Scotland

49 Code of practice about the disclosure of information

50 Trust mark for use by registered persons

51 Power of Secretary of State to require information

52 Arrangements for third party to exercise functions

53 Report on the operation of this Part

54 Index of defined terms for this Part

55 Powers relating to verification of identity or status

Part 3
National Underground Asset Register

56 National Underground Asset Register: England and Wales

57 Information in relation to apparatus: England and Wales

58 National Underground Asset Register: Northern Ireland

59 Information in relation to apparatus: Northern Ireland

60 Pre-commencement consultation

Part 4
Registers of births and deaths

61 Form in which registers of births and deaths are to be kept

62 Provision of equipment and facilities by local authorities

63 Requirements to sign register

64 Treatment of existing registers and records

65 Minor and consequential amendments

Part 5
Data protection and privacy

Chapter 1 Data protection

Terms used in this Chapter

66 The 2018 Act and the UK GDPR

Definitions in the UK GDPR and the 2018 Act

67 Meaning of research and statistical purposes

68 Consent to processing for the purposes of scientific research

69 Consent to law enforcement processing

Data protection principles

70 Lawfulness of processing

71 The purpose limitation

72 Processing in reliance on relevant international law

Processing of special categories of personal data

73 Elected representatives responding to requests

74 Processing of special categories of personal data

Data subject’s rights

75 Fees and reasons for responses to data subjects’ requests about law enforcement processing

76 Time limits for responding to data subjects’ requests

77 Information to be provided to data subjects

78 Searches in response to data subjects’ requests

79 Data subjects’ rights to information: legal professional privilege exemption

Automated decision-making

80 Automated decision-making

Obligations of controllers

81 Data protection by design: children’s higher protection matters

Logging of law enforcement processing

82 Logging of law enforcement processing

Codes of conduct

83 General processing and codes of conduct

84 Law enforcement processing and codes of conduct

International transfers of personal data

85 Transfers of personal data to third countries and international organisations

Safeguards for processing for research etc purposes

86 Safeguards for processing for research etc purposes

87 Section 86: consequential provision

National security

88 National security exemption

Intelligence services

89 Joint processing by intelligence services and competent authorities

90 Joint processing: consequential amendments

Information Commissioner’s role

91 Duties of the Commissioner in carrying out functions

92 Codes of practice for the processing of personal data

93 Codes of practice: panels and impact assessments

94 Manifestly unfounded or excessive requests to the Commissioner

95 Analysis of performance

96 Notices from the Commissioner

Enforcement

97 Power of the Commissioner to require documents

98 Power of the Commissioner to require a report

99 Assessment notices: removal of OFSTED restriction

100 Interview notices

101 Penalty notices

102 Annual report on regulatory action

103 Complaints by data subjects

104 Court procedure in connection with subject access requests

105 Consequential amendments to the EITSET Regulations

Protection of prohibitions, restrictions and data subject’s rights

106 Protection of prohibitions, restrictions and data subject’s rights

Miscellaneous

107 Regulations under the UK GDPR

108 Further minor provision about data protection

Chapter 2 Privacy and electronic communications

109 The PEC Regulations

110 Interpretation of the PEC Regulations

111 Duty to notify the Commissioner of personal data breach: time periods

112 Storing information in the terminal equipment of a subscriber or user

113 Emergency alerts: interpretation of time periods

114 Use of electronic mail for direct marketing by charities

115 Commissioner’s enforcement powers

116 Codes of conduct

Part 6
The Information Commission

117 The Information Commission

118 Abolition of the office of Information Commissioner

119 Transfer of functions to the Information Commission

120 Transfer of property etc to the Information Commission

Part 7
Other provision about use of, or access to, data

121 Information standards for health and adult social care in England

122 Grant of smart meter communication licences

123 Disclosure of information to improve public service delivery to undertakings

124 Retention of information by providers of internet services in connection with death of child

125 Information for research about online safety matters

126 Retention of biometric data and recordable offences

127 Retention of pseudonymised biometric data

128 Retention of biometric data from INTERPOL

129 The eIDAS Regulation

130 Recognition of EU conformity assessment bodies

131 Removal of recognition of EU standards etc

132 Recognition of overseas trust products

133 Co-operation between supervisory authority and overseas authorities

134 Time periods: the eIDAS Regulation and the EITSET Regulations

135 Economic impact assessment

136 Report on the use of copyright works in the development of AI systems

137 Progress statement

138 Creating, or requesting the creation of, purported intimate image of adult

Part 8
Final provisions

139 Power to make consequential amendments

140 Regulations

141 Extent

142 Commencement

143 Transitional, transitory and saving provision

144 Short title

SCHEDULES

Schedule 1 National Underground Asset Register (England and Wales): monetary penalties

Schedule 2 National Underground Asset Register (Northern Ireland): monetary penalties

Schedule 3 Registers of births and deaths: minor and consequential amendments

Schedule 4 Lawfulness of processing: recognised legitimate interests

Schedule 5 Purpose limitation: processing to be treated as compatible with original purpose

Schedule 6 Automated decision-making: minor and consequential amendments

Schedule 7 Transfers of personal data to third countries etc: general processing

Schedule 8 Transfers of personal data to third countries etc: law enforcement processing

Schedule 9 Transfers of personal data to third countries etc: minor and consequential amendments and transitional provision

Schedule 10 Complaints: minor and consequential amendments

Schedule 11 Further minor provision about data protection

Schedule 12 Storing information in the terminal equipment of a subscriber or user

Schedule 13 Privacy and electronic communications: Commissioner’s enforcement powers

Schedule 14 The Information Commission

Schedule 15 Information standards for health and adult social care in England

Schedule 16 Grant of smart meter communication licences

Changes to legislation:

There are currently no known outstanding effects for the Data (Use and Access) Act 2025, Schedule 3. Help about Changes to Legislation

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Changes to Legislation

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Schedules

Schedule 3Registers of births and deaths: minor and consequential amendments

Section 65

Part 1Amendments of the Births and Deaths Registration Act 1953

1

The Births and Deaths Registration Act 1953 is amended as follows.

Annotations:
Commencement Information

I1Sch. 3 para. 1 not in force at Royal Assent, see s. 142(1)

2

(1)

Section 3A (registration of births of abandoned children) is amended as follows.

(2)

In subsection (5), for the words from “direct” to the end substitute “enter in the margin of the relevant register of births a reference to the re-registration of the birth or, if the relevant register of births is in hard copy form, shall direct the officer having custody of that register to do so.”

(3)

After that subsection insert—

“(6)

In subsection (5) “the relevant register of births”, in relation to the re-registration of the birth of a child, means the register of births in which the entry relating to the child was previously made.”

Annotations:
Commencement Information

I2Sch. 3 para. 2 not in force at Royal Assent, see s. 142(1)

3

(1)

Section 13 (registration of name of child or of alteration of name) is amended as follows.

(2)

In subsection (1), for “the registrar or superintendent registrar having the custody of the register” substitute “the relevant registration officer for the register”.

(3)

In subsection (1A), for “The registrar or superintendent registrar having custody of the register in question” substitute “The relevant registration officer”.

(4)

In subsection (1B), for “the registrar or superintendent registrar” substitute “the relevant registration officer”.

(5)

After subsection (2) insert—

“(2A)

In this section the “relevant registration officer” for a register means—

(a)

the registrar of births and deaths for the sub-district for which the register is or has been kept, or

(b)

the superintendent registrar for the district containing that sub-district.”

Annotations:
Commencement Information

I3Sch. 3 para. 3 not in force at Royal Assent, see s. 142(1)

4

In Part 3 (general), the italic heading before section 25 becomes Registers, etc.

Annotations:
Commencement Information

I4Sch. 3 para. 4 not in force at Royal Assent, see s. 142(1)

5

(1)

Section 29 (correction of errors in registers) is amended as follows.

(2)

In subsection (3), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(3)

In subsection (3A)(b), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(4)

In subsection (3B)(b), for “the officer having the custody of the register” substitute “the appropriate registration officer”.

(5)

In subsection (4), for “the officer having the custody of the register” substitute “the appropriate registration officer for the register”.

(6)

After subsection (4) insert—

“(5)

In this section the “appropriate registration officer”, in relation to a register, means—

(a)

in the case of a register of live-births or of deaths in hard copy form, the superintendent registrar having custody of the register;

(b)

in the case of a register of live-births or of deaths not in hard copy form—

(i)

the registrar of births and deaths for the sub-district for which the register is or has been kept, or

(ii)

the superintendent registrar for the district containing that sub-district;

(c)

in the case of a register of still-births, the Registrar General.”

Annotations:
Commencement Information

I5Sch. 3 para. 5 not in force at Royal Assent, see s. 142(1)

6

In section 29A (alternative procedure for certain corrections), in subsection (4)—

(a)

for “the officer having custody of the register” substitute “the appropriate registration officer”;

(b)

at the end insert—

““Appropriate registration officer” has the same meaning as in section 29 of this Act.”

Annotations:
Commencement Information

I6Sch. 3 para. 6 not in force at Royal Assent, see s. 142(1)

7

(1)

Section 30 (searches of indexes kept by Registrar General) is amended as follows.

(2)

After subsection (1) insert—

“(1ZA)

The Registrar General shall cause the following indexes to be made and kept in the General Register Office—

(a)

an index of the entries in the registers kept under section 1 of this Act;

(b)

an index of the entries in the registers kept under section 15 of this Act.”

(3)

In subsection (2), after “certified copies” insert “or in the said registers (as the case may be)”.

(4)

In subsection (3)—

(a)

for “to certified copies of entries in” substitute “in relation to”;

(b)

for the words from “any such” to the end substitute “any register of still-births”.

Annotations:
Commencement Information

I7Sch. 3 para. 7 not in force at Royal Assent, see s. 142(1)

8

In section 31 (searches of indexes kept by superintendent registrars), for subsection (1) substitute—

“(1)

The superintendent registrar for each district shall cause the following indexes to be made—

(a)

an index of the entries in the registers of live-births kept for the sub-districts within that district;

(b)

an index of the entries in the registers of deaths kept for the sub-districts within that district.

(1A)

The indexes must be kept with the other records of the register office for the district.”

Annotations:
Commencement Information

I8Sch. 3 para. 8 not in force at Royal Assent, see s. 142(1)

9

For section 32 (searches in registers kept by registrars) substitute—

“32Obtaining copies of entries from registrars

(1)

Any person is entitled to obtain from a registrar for a sub-district, at any time when the registrar’s office is required to be open for the transaction of public business, a copy certified by the registrar of any entry in any register of births or register of deaths kept for that sub-district.

(2)

But subsection (1) does not apply in relation to any register of still-births except as the registrar may, with the consent of the Registrar General, in any particular case allow.”

Annotations:
Commencement Information

I9Sch. 3 para. 9 not in force at Royal Assent, see s. 142(1)

10

(1)

Section 33 (short certificate of birth) is amended as follows.

(2)

In subsection (1), for “the Registrar General, a superintendent registrar or a registrar” substitute “the appropriate registration officer”.

(3)

After subsection (1) insert—

“(1A)

In subsection (1) the “appropriate registration officer” means—

(a)

in the case of a live-birth, the Registrar General, a superintendent registrar or a registrar;

(b)

in the case of a still-birth—

(i)

the Registrar General, or

(ii)

a registrar acting at the time of the registration of the still-birth or with the consent of the Registrar General.”

(4)

In subsection (2)—

(a)

for the words from “the records and registers” to “may be” substitute “the register in which the entry relating to the birth is made, or, in the case of the Registrar General, from the records in the Registrar General’s custody”;

(b)

for “any such records or registers” substitute “any register of births or in any such records”.

Annotations:
Commencement Information

I10Sch. 3 para. 10 not in force at Royal Assent, see s. 142(1)

11

In section 33A (short certificate of death), in subsection (2), for the words from “the records and registers” to “may be” substitute “the register in which the entry relating to the death is made, or, in the case of the Registrar General, from the records in the Registrar General’s custody”.

Annotations:
Commencement Information

I11Sch. 3 para. 11 not in force at Royal Assent, see s. 142(1)

12

In section 34 (entry in register as evidence of birth or death), in subsection (5), before “on which” insert “in or”.

Annotations:
Commencement Information

I12Sch. 3 para. 12 not in force at Royal Assent, see s. 142(1)

13

(1)

Section 34A (searches and records of information: additional provision) is amended as follows.

(2)

In subsection (1)—

(a)

after paragraph (a) insert—

“(aa)

to carry out, on request, a search to find out whether any of the registers kept under this Act contains a particular entry;”;

(b)

in paragraph (b), after “copies” insert “or in such a register”.

(3)

In subsection (5), at the end insert “or in a register kept under this Act”.

Annotations:
Commencement Information

I13Sch. 3 para. 13 not in force at Royal Assent, see s. 142(1)

14

In section 35 (offences relating to registers), in paragraph (b), after “deaths” insert “kept in hard copy form”.

Annotations:
Commencement Information

I14Sch. 3 para. 14 not in force at Royal Assent, see s. 142(1)

15

In section 40 (sending and providing notices, information or other documents), omit “, return”.

Annotations:
Commencement Information

I15Sch. 3 para. 15 not in force at Royal Assent, see s. 142(1)

16

In section 41 (interpretation), after subsection (3) insert—

“(4)

For the purposes of this Act a register is in hard copy form if it consists of a paper copy or similar form capable of being read with the naked eye.”

Annotations:
Commencement Information

I16Sch. 3 para. 16 not in force at Royal Assent, see s. 142(1)

Part 2Amendments of other legislation

Registration Service Act 1953

17

The Registration Service Act 1953 is amended as follows.

Annotations:
Commencement Information

I17Sch. 3 para. 17 not in force at Royal Assent, see s. 142(1)

18

In section 10 (district register offices), in subsection (1), omit the words from “, and shall provide” to the end.

Annotations:
Commencement Information

I18Sch. 3 para. 18 not in force at Royal Assent, see s. 142(1)

19

In section 12 (provision of register boxes), omit “registrar of births and deaths and”.

Annotations:
Commencement Information

I19Sch. 3 para. 19 not in force at Royal Assent, see s. 142(1)

20

In section 13 (local schemes of organisation), in subsection (2), after paragraph (b) insert—

“(ba)

determining the equipment or facilities to be provided at those offices and stations by the council for the non-metropolitan county or metropolitan district;”.

Annotations:
Commencement Information

I20Sch. 3 para. 20 not in force at Royal Assent, see s. 142(1)

Public Records Act 1958

21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 2(2)(b), after “adoptions,” insert “or to any other records held by the Registrar General of information entered in any register of births or deaths kept under any such enactment,”.

Annotations:
Commencement Information

I21Sch. 3 para. 21 not in force at Royal Assent, see s. 142(1)

Social Security Administration Act 1992

22

In section 124 of the Social Security Administration Act 1992 (provisions relating to age, death and marriage), after subsection (5) insert—

“(6)

The reference in subsection (1) above to a register in the custody of a registrar or superintendent registrar includes, in relation to registers of births or deaths kept under the Births and Deaths Registration Act 1953, a reference to any such register kept for the registrar’s sub-district or (as the case may be) for a sub-district within the superintendent registrar’s district; and references in subsection (3) above to the custodian of the register are to be read accordingly.”

Annotations:
Commencement Information

I22Sch. 3 para. 22 not in force at Royal Assent, see s. 142(1)

Education Act 1996

23

(1)

Section 564 of the Education Act 1996 (certificates of birth and registrars’ returns) is amended as follows.

(2)

In subsection (1), for “the registrar having the custody of the register of births and deaths” substitute “the relevant registrar for the register”.

(3)

In subsection (3)—

(a)

for “A registrar” substitute “The relevant registrar for a register”;

(b)

for “any register of births and deaths in his custody” substitute “the register”.

(4)

In subsection (4)—

(a)

in the definition of “the appropriate fee”, for “the registrar having custody of the register concerned” substitute “the relevant registrar for a register”;

(b)

for the definition of “register of births and deaths” substitute—

““register” means a register of births or register of deaths kept under that Act,”;

(c)

at the end insert—

““the relevant registrar” for a register means—

(a)

in the case of a register in hard copy form (within the meaning of the Births and Deaths Registration Act 1953), the superintendent registrar having custody of the register;

(b)

in the case of a register not in hard copy form (within the meaning of that Act)—

  1. (i)

    the registrar of births and deaths for the sub-district for which the register is or has been kept, or

  2. (ii)

    the superintendent registrar for the district containing that sub-district.”

Annotations:
Commencement Information

I23Sch. 3 para. 23 not in force at Royal Assent, see s. 142(1)

Adoption and Children Act 2002

24

In section 78 of the Adoption and Children Act 2002 (Adopted Children Register: searches and copies), in subsection (4)—

(a)

in paragraph (a), omit “certified copies of”;

(b)

in paragraph (b), for “certified copies”, in the second place it occurs, substitute “registers”.

Annotations:
Commencement Information

I24Sch. 3 para. 24 not in force at Royal Assent, see s. 142(1)

Gender Recognition Act 2004

25

The Gender Recognition Act 2004 is amended as follows.

Annotations:
Commencement Information

I25Sch. 3 para. 25 not in force at Royal Assent, see s. 142(1)

26

(1)

Section 10 (registration) is amended as follows.

(2)

In subsection (2), omit the “or” after paragraph (a) and after paragraph (b) insert “, or

(c)

an entry in a register kept under section 1 of the Births and Deaths Registration Act 1953,”.

(3)

For subsection (3) substitute—

“(3)

The appropriate Registrar General” means—

(a)

in relation to a UK birth register entry of which a certified copy is kept by a Registrar General or which is in a register so kept, whichever Registrar General keeps that certified copy or that register;

(b)

in relation to a UK birth register entry in a register kept under section 1 of the Births and Deaths Registration Act 1953, the Registrar General for England and Wales.

(3A)

For the purposes of this section each of the following is a Registrar General—

(a)

the Registrar General for England and Wales;

(b)

the Registrar General for Scotland;

(c)

the Registrar General for Northern Ireland.”

Annotations:
Commencement Information

I26Sch. 3 para. 26 not in force at Royal Assent, see s. 142(1)

27

In Part 1 of Schedule 3 (registration: England and Wales), in paragraphs 5(3) and 8(2), for “or (b)” substitute “, (b) or (c)”.

Annotations:
Commencement Information

I27Sch. 3 para. 27 not in force at Royal Assent, see s. 142(1)

Presumption of Death Act 2013

28

In Schedule 1 to the Presumption of Death Act 2013 (Register of Presumed Deaths), in paragraph 7 (interpretation)—

(a)

after “means” insert “—

(a)”;

(b)

at the end insert “, or

(b)

the index kept in the General Register Office of such entries.”

Annotations:
Commencement Information

I28Sch. 3 para. 28 not in force at Royal Assent, see s. 142(1)