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:

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Part 2Digital verification services

DVS register

41Power to remove person from the DVS register

(1)

The Secretary of State may remove a person from the DVS register if—

(a)

the Secretary of State is satisfied that the person is failing to comply with the DVS trust framework when providing one or more of the digital verification services in respect of which the person is registered,

(b)

the person has a supplementary note included in the DVS register and the Secretary of State is satisfied that the person is failing to comply with the supplementary code to which the note relates when providing one or more of the digital verification services recorded in the note,

(c)

the Secretary of State is satisfied that the person has failed to provide the Secretary of State with information in accordance with a notice under section 51, or

(d)

the Secretary of State considers that it is necessary to do so in the interests of national security.

(2)

Before removing a person from the DVS register under this section the Secretary of State must, by written notice, inform the person that the Secretary of State intends to do so.

(3)

The notice must—

(a)

state the name and address of the person,

(b)

state the reason why the Secretary of State—

(i)

is satisfied that the person is failing or has failed as mentioned in subsection (1)(a) to (c), or

(ii)

considers that it is necessary to remove the person from the DVS register in the interests of national security,

(c)

state whether the Secretary of State intends to specify a period in the notice under subsection (8) and, if so, what period is intended to be specified,

(d)

state that the person may make written representations to the Secretary of State about—

(i)

the Secretary of State’s intention to remove the person from the DVS register, and

(ii)

where relevant, the period the Secretary of State intends to specify in the notice under subsection (8), and

(e)

specify the period within which such representations may be made.

(4)

The requirement in subsection (3)(b) does not apply if, or to the extent that, the Secretary of State considers that stating the reason described in subsection (3)(b)(ii) would be contrary to the interests of national security.

(5)

The period specified for making written representations must be a period of not less than 21 days beginning with the day on which the notice is given.

(6)

If the Secretary of State considers that it is appropriate for the person to have an opportunity to make oral representations about the matters mentioned in subsection (3)(d), the notice must also—

(a)

state that the person may make such representations, and

(b)

specify the arrangements for making such representations and the time at which, or the period within which, they may be made.

(7)

When deciding whether to remove the person from the DVS register under this section, the Secretary of State must consider any oral or written representations made by the person in accordance with the notice.

(8)

Where the Secretary of State removes the person from the DVS register under this section, the Secretary of State must by written notice inform the person of that.

(9)

The Secretary of State may, in the notice given under subsection (8), state that any application for re-registration made by the person during a period specified in the notice will be refused.

(10)

If the person applies to be re-registered during the period specified in the notice in reliance on subsection (9), the Secretary of State must refuse the application.

(11)

The period specified in the notice in reliance on subsection (9) must begin with the day on which the notice is given and must not exceed two years.