Legislation – Data Protection Act 2018
Changes to legislation:
Data Protection Act 2018, Cross Heading: Overview and scope is up to date with all changes known to be in force on or before 01 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.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
PART 3Law enforcement processing
CHAPTER 3Rights of the data subject
Overview and scope
43Overview and scope
(1)
This Chapter—
(a)
imposes general duties on the controller to make information available (see F1sections 44 and 45A);
(b)
confers a right of access by the data subject (see F2sections 45 and 45A);
(c)
confers rights on the data subject with respect to the rectification of personal data and the erasure of personal data or the restriction of its processing (see sections 46 to 48);
(d)
regulates automated decision-making (see sections 49 and 50);
(e)
makes supplementary provision (see sections 51 to 54).
(2)
This Chapter applies only in relation to the processing of personal data for a law enforcement purpose.
(3)
But sections 44 to 48 do not apply in relation to the processing of relevant personal data in the course of a criminal investigation or criminal proceedings, including proceedings for the purpose of executing a criminal penalty.
(4)
In subsection (3), “relevant personal data” means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on behalf of a court or other judicial authority.
(5)
In this Chapter, “the controller”, in relation to a data subject, means the controller in relation to personal data relating to the data subject.