Legislation – Data Protection Act 2018

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Introduction

PART 1
Preliminary

1 Overview

2 Protection of personal data

3 Terms relating to the processing of personal data

PART 2
General processing

CHAPTER 1 Scope and definitions

4 Processing to which this Part applies

5 Article 57(3) of the UK GDPR (performance of Commissioner’s tasks…

CHAPTER 2 The UK GDPR

Meaning of certain terms used in the UK GDPR

6 Meaning of “controller”

7 Meaning of “public authority” and “public body”

Lawfulness of processing

8 Lawfulness of processing: public interest etc

9 Child’s consent in relation to information society services

Relevant international law

9A Processing in reliance on relevant international law

Special categories of personal data

10 Special categories of personal data and criminal convictions etc data

11 Special categories of personal data etc: supplementary

Rights of the data subject

12 Limits on fees that may be charged by controllers

13 Obligations of credit reference agencies

13A Meaning of “relevant offence” for purpose of right to erasure

14 Automated decision-making authorised by law: safeguards

Exemptions etc

15 Exemptions etc

16 Power to make further exemptions etc by regulations

Certification

17 Accreditation of certification providers

…

17A Transfers based on adequacy regulations

17B Transfers based on adequacy regulations: review etc

17C Standard data protection clauses

18 Transfers of personal data to third countries etc : public interest

…

19 Processing for archiving, research and statistical purposes: safeguards

Minor definition

20 Meaning of “court”

CHAPTER 3 Exemptions for manual unstructured processing and for national security and defence purposes

Definitions

21 Definitions

…

22 Application of the GDPR to processing to which this Chapter applies

23 Power to make provision in consequence of regulations related to the GDPR

Exemptions etc

24 Manual unstructured data held by FOI public authorities

25 Manual unstructured data used in longstanding historical research

26 National security and defence exemption

27 National security: certificate

28 National security and defence: modifications to Articles 9 and 32 of the UK GDPR

PART 3
Law enforcement processing

CHAPTER 1 Scope and definitions

Scope

29 Processing to which this Part applies

Definitions

30 Meaning of “competent authority”

31 “The law enforcement purposes”

32 Meaning of “controller” and “processor”

33 Other definitions

CHAPTER 2 Principles

34 Overview and general duty of controller

35 The first data protection principle

36 The second data protection principle

37 The third data protection principle

38 The fourth data protection principle

39 The fifth data protection principle

40 The sixth data protection principle

41 Safeguards: archiving

42 Safeguards: sensitive processing

42A Further provision about sensitive processing

CHAPTER 3 Rights of the data subject

Overview and scope

43 Overview and scope

Data subject’s rights to information

44 … Controller’s general duties

…

45 Right of access by the data subject

45A Exemption from sections 44 and 45: legal professional privilege

Data subject’s rights to rectification or erasure etc

46 Right to rectification

47 Right to erasure or restriction of processing

48 Rights under section 46 or 47: supplementary

Automated individual decision-making

49 Right not to be subject to automated decision-making

50 Automated decision-making authorised by law: safeguards

50A Automated processing and significant decisions

50B Restrictions on automated decision-making based on sensitive processing

50C Safeguards for automated decision-making

50D Further provision about automated decision-making

Supplementary

51 Exercise of rights through the Commissioner

52 Form of provision of information etc

53 Manifestly unfounded or excessive requests by the data subject

54 Meaning of “applicable time period”

CHAPTER 4 Controller and processor

Overview and scope

55 Overview and scope

General obligations

56 General obligations of the controller

57 Data protection by design and default

58 Joint controllers

59 Processors

60 Processing under the authority of the controller or processor

61 Records of processing activities

62 Logging

63 Co-operation with the Commissioner

64 Data protection impact assessment

65 Prior consultation with the Commissioner

Obligations relating to security

66 Security of processing

Obligations relating to personal data breaches

67 Notification of a personal data breach to the Commissioner

68 Communication of a personal data breach to the data subject

Data protection officers

69 Designation of a data protection officer

70 Position of data protection officer

71 Tasks of data protection officer

Codes of conduct

71A Codes of conduct

CHAPTER 5 Transfers of personal data to third countries etc

Overview and interpretation

72 Overview and interpretation

General principles for transfers

73 General principles for transfers of personal data

74 Transfers on the basis of an adequacy decision

74A Transfers based on adequacy regulations

74AA Transfers approved by regulations

74AB The data protection test

74B Transfers approved by regulations: monitoring

75 Transfers subject to appropriate safeguards

76 Transfers based on special circumstances

Additional conditions

77 Additional conditions for transfers in reliance on section 73(4)(b)

Subsequent transfers

78 Subsequent transfers

CHAPTER 6 Supplementary

78A National security exemption

79 National security: certificate

80 Special processing restrictions

81 Reporting of infringements

PART 4
Intelligence services processing

CHAPTER 1 Scope and definitions

Scope

82 Processing to which this Part applies

82A Designation of processing by a qualifying competent authority

82B Duration of designation notice

82C Review and withdrawal of designation notice

82D Records of designation notices

82E Appeal against designation notice

Definitions

83 Meaning of “controller” and “processor”

84 Other definitions

CHAPTER 2 Principles

Overview

85 Overview

The data protection principles

86 The first data protection principle

87 The second data protection principle

88 The third data protection principle

89 The fourth data protection principle

90 The fifth data protection principle

91 The sixth data protection principle

91A Further provision about sensitive processing

CHAPTER 3 Rights of the data subject

Overview

92 Overview

Rights

93 Right to information

94 Right of access

95 Right of access: supplementary

96 Right not to be subject to automated decision-making

97 Right to intervene in automated decision-making

98 Right to information about decision-making

99 Right to object to processing

100 Rights to rectification and erasure

CHAPTER 4 Controller and processor

Overview

101 Overview

General obligations

102 General obligations of the controller

103 Data protection by design

104 Joint controllers

105 Processors

106 Processing under the authority of the controller or processor

Obligations relating to security

107 Security of processing

Obligations relating to personal data breaches

108 Communication of a personal data breach

CHAPTER 5 Transfers of personal data outside the United Kingdom

109 Transfers of personal data outside the United Kingdom

CHAPTER 6 Exemptions

110 National security

111 National security: certificate

112 Other exemptions

113 Power to make further exemptions

PART 5
The Information Commissioner

114 The Information Commissioner

114A The Information Commission

115 General functions under the UK GDPR and safeguards

116 Other general functions

117 Competence in relation to courts etc

118 Co-operation between parties to the Data Protection Convention

119 Inspection of personal data in accordance with international obligations

119A Standard clauses for transfers to third countries etc

120 Further international role

120A Principal objective

120B Duties in relation to functions under the data protection legislation

120C Strategy

120D Duty to consult other regulators

121 Data-sharing code

122 Direct marketing code

123 Age-appropriate design code

124 Data protection and journalism code

124A Other codes of practice

124B Panels to consider codes of practice

124C Impact assessments for codes of practice

125 Approval of codes prepared under sections 121 to 124A

126 Publication and review of codes issued under section 125(4)

127 Effect of codes issued under section 125(4)

128 Other codes of practice

129 Consensual audits

130 Records of national security certificates

131 Disclosure of information to the Commissioner

132 Confidentiality of information

133 Guidance about privileged communications

134 Fees for services

135 Manifestly unfounded or excessive requests by data subjects etc

136 Guidance about fees

137 Charges payable to the Commissioner by controllers

138 Regulations under section 137: supplementary

139 Reporting to Parliament

139A Analysis of performance

140 Publication by the Commissioner

141 Notices from the Commissioner

PART 6
Enforcement

142 Information notices

143 Information notices: restrictions

144 False statements made in response to information notices

145 Information orders

146 Assessment notices

146A Assessment notices: approval of person to prepare report etc

147 Assessment notices: restrictions

148 Destroying or falsifying information and documents etc

148A Interview notices

148B Interview notices: restrictions

148C False statements made in response to interview notices

149 Enforcement notices

150 Enforcement notices: supplementary

151 Enforcement notices: rectification and erasure of personal data etc

152 Enforcement notices: restrictions

153 Enforcement notices: cancellation and variation

154 Powers of entry and inspection

155 Penalty notices

156 Penalty notices: restrictions

157 Maximum amount of penalty

158 Fixed penalties for non-compliance with charges regulations

159 Amount of penalties: supplementary

160 Guidance about regulatory action

161 Approval of first guidance about regulatory action

161A Annual report on regulatory action

162 Rights of appeal

163 Determination of appeals

164 Applications in respect of urgent notices

164A Complaints by data subjects to controllers

164B Controllers to notify the Commissioner of the number of complaints

165 Complaints by data subjects

166 Orders to progress complaints

167 Compliance orders

168 Compensation for contravention of the UK GDPR

169 Compensation for contravention of other data protection legislation

170 Unlawful obtaining etc of personal data

171 Re-identification of de-identified personal data

172 Re-identification: effectiveness testing conditions

173 Alteration etc of personal data to prevent disclosure to data subject

174 The special purposes

175 Provision of assistance in special purposes proceedings

176 Staying special purposes proceedings

177 Guidance about how to seek redress against media organisations

178 Review of processing of personal data for the purposes of journalism

179 Effectiveness of the media’s dispute resolution procedures

180 Jurisdiction

180A Procedure in connection with subject access requests

181 Interpretation of Part 6

PART 7
Supplementary and final provision

182 Regulations and consultation

183 Power to reflect changes to the Data Protection Convention

183A Protection of prohibitions and restrictions etc on processing: relevant enactments

183B Protection of prohibitions and restrictions etc on processing: other enactments

184 Prohibition of requirement to produce relevant records

185 Avoidance of certain contractual terms relating to health records

186 Protection of data subject’s rights

186A Protection of data subject’s rights: further provision

187 Representation of data subjects with their authority

188 Representation of data subjects with their authority: collective proceedings

189 Duty to review provision for representation of data subjects

190 Post-review powers to make provision about representation of data subjects

191 Framework for Data Processing by Government

192 Approval of the Framework

193 Publication and review of the Framework

194 Effect of the Framework

195 Reserve forces: data-sharing by HMRC

196 Penalties for offences

197 Prosecution

198 Liability of directors etc

199 Recordable offences

200 Guidance about PACE codes of practice

201 Disclosure of information to the Tribunal

202 Proceedings in the First-tier Tribunal: contempt

203 Tribunal Procedure Rules

204 Meaning of “health professional” and “social work professional”

205 General interpretation

206 Index of defined expressions

207 Territorial application of this Act

208 Children in Scotland

209 Application to the Crown

210 Application to Parliament

211 Minor and consequential provision

212 Commencement

213 Transitional provision

214 Extent

215 Short title

SCHEDULES

Schedule A1 Processing in reliance on relevant international law

SCHEDULE 1 Special categories of personal data and criminal convictions etc data

SCHEDULE 2 Exemptions etc from the UK GDPR

SCHEDULE 3 Exemptions etc from the UK GDPR: health, social work, education and child abuse data

SCHEDULE 4 Exemptions etc from the UK GDPR: disclosure prohibited or restricted by an enactment

SCHEDULE 5 Accreditation of certification providers: reviews and appeals

SCHEDULE 6 The applied GDPR and the applied Chapter 2

SCHEDULE 7 Competent authorities

SCHEDULE 8 Conditions for sensitive processing under Part 3

SCHEDULE 9 Conditions for processing under Part 4

SCHEDULE 10 Conditions for sensitive processing under Part 4

SCHEDULE 11 Other exemptions under Part 4

SCHEDULE 12 The Information Commissioner

Schedule 12A The Information Commission

SCHEDULE 13 Other general functions of the Commissioner

SCHEDULE 14 Co-operation and mutual assistance

SCHEDULE 15 Powers of entry and inspection

SCHEDULE 16 Penalties

SCHEDULE 17 Review of processing of personal data for the purposes of journalism

SCHEDULE 18 Relevant records

SCHEDULE 19 Minor and consequential amendments

SCHEDULE 20 Transitional provision etc

SCHEDULE 21 Further transitional provision etc

Changes to legislation:

Data Protection Act 2018, Section 42 is up to date with all changes known to be in force on or before 02 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. Help about Changes to Legislation

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PART 3Law enforcement processing

CHAPTER 2Principles

42Safeguards: sensitive processing

(1)

This section applies for the purposes of section 35(4) and (5) (which require a controller to have an appropriate policy document in place when carrying out sensitive processing in reliance on the consent of the data subject or, as the case may be, in reliance on a condition specified in Schedule 8).

(2)

The controller has an appropriate policy document in place in relation to the sensitive processing if the controller has produced a document which—

(a)

explains the controller’s procedures for securing compliance with the data protection principles (see section 34(1)) in connection with sensitive processing in reliance on the consent of the data subject or (as the case may be) in reliance on the condition in question, and

(b)

explains the controller’s policies as regards the retention and erasure of personal data processed in reliance on the consent of the data subject or (as the case may be) in reliance on the condition in question, giving an indication of how long such personal data is likely to be retained.

(3)

Where personal data is processed on the basis that an appropriate policy document is in place, the controller must during the relevant period—

(a)

retain the appropriate policy document,

(b)

review and (if appropriate) update it from time to time, and

(c)

make it available to the Commissioner, on request, without charge.

(4)

The record maintained by the controller under section 61(1) and, where the sensitive processing is carried out by a processor on behalf of the controller, the record maintained by the processor under section 61(3) must include the following information—

(a)

whether the sensitive processing is carried out in reliance on the consent of the data subject or, if not, which condition in Schedule 8 is relied on,

(b)

how the processing satisfies section 35 (lawfulness of processing), and

(c)

whether the personal data is retained and erased in accordance with the policies described in subsection (2)(b) and, if it is not, the reasons for not following those policies.

(5)

In this section, “relevant period”, in relation to sensitive processing in reliance on the consent of the data subject or in reliance on a condition specified in Schedule 8, means a period which—

(a)

begins when the controller starts to carry out the sensitive processing in reliance on the data subject’s consent or (as the case may be) in reliance on that condition, and

(b)

ends at the end of the period of 6 months beginning when the controller ceases to carry out the processing.