(N.I.) 134. 146. 59.In Article 86 (processing and public access to official documents),... 60.Omit Article 87 (processing of national identification number). For Schedule 2 substitute— SCHEDULE 2 Information Commissioner’s enforcement powers... Court Files Privileged Access Rules (Northern Ireland) 2016 (S.R. supplements, and must be read with, the GDPR. (b)the exercise of a function of either House of Parliament. The Whole Act you have selected contains over 200 provisions and might take some time to download. (a)a public authority as defined by the Freedom of Information Act 2000, (b)a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002 (asp 13), and. (a)in Chapter II of the applied GDPR (principles)—. 4)), In Article 4 (health professionals), for paragraph (1) substitute—. 1993/1813), 230.Access to Health Records (Northern Ireland) Order 1993 (S.I. PART 1 Conditions relating to employment, health and research etc Employment, social security and social protection. 54.Omit Article 81 (suspension of proceedings). 28.In Article 36 (prior consultation)— (a) for paragraph 4 substitute—... 29.Section 4 of Chapter IV of the GDPR (controller and processor: data protection officer). Processors act on behalf of the relevant controller and under their authority. The chief constable of the Police Service of Scotland. (3)Regulations under this section are subject to the affirmative resolution procedure. 369. 1992/807 (N.I. 397. (N.I.) 2005/41), 314.Education (Pupil Information) (England) Regulations 2005 (S.I. Such processing does not satisfy that requirement if the processing is carried out for the purposes of measures or decisions with respect to a particular data subject, unless the purposes for which the processing is necessary include the purposes of approved medical research. 7. 32. 218. Where the controller discloses personal data in pursuance of Article 15(1) to (3) of the GDPR, the disclosure must be accompanied by a statement informing the data subject of the data subject’s rights under section 159 of the Consumer Credit Act 1974 (correction of wrong information). 139. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. (1) Regulation 39 (sensitive information) is amended as follows. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 2000/185), Data Protection (Functions of Designated Authority) Order 2000 (S.I. 2012/1978), 371.Neighbourhood Planning (Referendums) Regulations 2012 (S.I. (1) Section 12 (information databases) is amended as follows. (1) Regulation 92(2) (interpretation of Part VI etc) is amended... 273.In regulation 95(3)(b)(i) (restriction on use of the full register),... 274.In regulation 96(5) and (6) (supply of free copy of... 275.In regulation 98(6) and (7) (supply of free copy of... 276.In regulation 108A(9) and (10) (supply of full register to... 277.In regulation 119(2) (conditions on the use, supply and disclosure... 278.Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 (S.I. (5)Schedule 5 makes provision about reviews of, and appeals from, a decision relating to accreditation of a person as a certification provider. In paragraph 18(5) of Schedule 3 (supply of information to... Justice Act (Northern Ireland) 2015 (c. 9 (N.I. In subsection (4), the reference to a term’s meaning in the applied GDPR is to its meaning in the GDPR read with any provision of Chapter 2 (as applied by Chapter 3 ) or Chapter 3 which modifies the term’s meaning for the purposes of the applied GDPR. 2014/1825), 380.Criminal Justice and Data Protection (Protocol No. 2015/966), Companies (Disclosure of Date of Birth Information) Regulations 2015 (S.I. In section 441(7)(a) (disclosure of information by Lord Advocate and... After section 442 insert— Data protection legislation In this Part, “the data protection legislation” has the same... Scottish Public Services Ombudsman Act 2002 (asp 11), Freedom of Information (Scotland) Act 2002 (asp 13). (2) Chapter 2 of this Part— (a) applies to the types of processing of personal data to which the GDPR applies by virtue of Article 2 of the GDPR, and (b) supplements, and must be read with, the GDPR. (1) Section 85 (disclosure of information by Revenue and Customs)... 148.Adoption and Children (Scotland) Act 2007 (asp 4), 149.Criminal Justice and Immigration Act 2008 (c. 4). 2012/1917). 43). 337. (1)Article 9(1) of the applied GDPR (prohibition on processing of special categories of personal data) does not prohibit the processing of personal data to which this Chapter applies to the extent that the processing is carried out—, (a)for the purpose of safeguarding national security or for defence purposes, and. The Police Investigations and Review Commissioner. makes provision for a regime broadly equivalent to the GDPR to apply to such processing. (b)by another person who in the circumstances owes a duty of confidentiality under an enactment or rule of law. 2009/440), 345.Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 (S.R (N.I.) 67.In section 26B(3)(a) (voluntary disclosure of data to Audit Scotland),... 68.In section 26C(3)(a) (power to require disclosure of data), for... 69.In section 29(1) (interpretation), at the appropriate place insert— “the... 70.Criminal Justice and Police Act 2001 (c. 16), 71.In section 57(1) (retention of seized items)—, 72.In section 65(7) (meaning of “legal privilege”)—. (1) Regulation 2 (interpretation) is amended as follows. 347. (1) Regulation 5 (disclosure of curricular and educational records) is... 317.Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (S.I. 358. 284. 2016/696). In section 250(7) (power to publish information standards), for the... (1) Section 251A (consistent identifiers) is amended as follows. (b)are subject to the affirmative resolution procedure. The Director General of the National Crime Agency. 316. (1) Section 264C (provision and disclosure of information about health... 116.In paragraph 7B(3) of Schedule 1 (further provision about the... 117.National Health Service (Wales) Act 2006 (c. 42). You Exemption from Article 15 of the GDPR: child abuse data, Human fertilisation and embryology information, Information provided by Principal Reporter for children’s hearing, Decision following referral to appeal panel, References to the GDPR and its provisions, References to Union law and Member State law, References to the Union and to Member States, Chapter I of the GDPR (general provisions). Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. For the purposes of this section, an urgency statement is a reasoned statement that the Secretary of State considers it desirable for the regulations to come into force without delay. Where a controller takes a qualifying significant decision in relation to a data subject based solely on automated processing—, the controller must, as soon as reasonably practicable, notify the data subject in writing that a decision has been taken based solely on automated processing, and, the data subject may, before the end of the period of 1 month beginning with receipt of the notification, request the controller to—. (4)The publication of a notice under subsection (2)(b) or (3)(b) does not affect the validity of any accreditation carried out before its publication. 140. (6)But, subject to any determination under subsection (7), the certificate is to be conclusively presumed so to apply. 2001/497). (2)A decision is a “significant decision” for the purposes of this section if, in relation to a data subject, it—, (a)produces legal effects concerning the data subject, or. 427. 49.In section 86(9) (exempt offers to the public), for “the... 50.In section 391A(6)(b) (publication: special provisions relating to the capital... 51.In section 391C(7)(a) (publication: special provisions relating to the UCITS... 52.In section 391D(9)(a) (publication: special provisions relating to the markets... 53.In section 417 (definitions), at the appropriate place insert— “the... 55.Freedom of Information Act 2000 (c. 36), 56.In section 2(3) (absolute exemptions), for paragraph (f) substitute—. Access essential accompanying documents and information for this legislation item from this tab. (Scotland) Act 2008 (asp 5), Borders, Citizenship and Immigration Act 2009 (c. 11), Marine and Coastal Access Act 2009 (c. 23). 2007/837 (W.72)), 326.Representation of the People (Absent Voting at Local Elections) (Scotland) Regulations 2007 (S.S.I. Power to make provision in consequence of regulations related to the GDPR. The national accreditation body may charge a reasonable fee in connection with, or incidental to, the carrying out of the body’s functions under this section, Schedule 5 and Article 43 of the GDPR. (7)The national accreditation body must provide the Secretary of State with such information relating to its functions under this section, Schedule 5 and Article 43 of the GDPR as the Secretary of State may reasonably require. In Schedule 1 (powers of seizure)— (a) omit paragraph 65,... Anti-terrorism, Crime and Security Act 2001 (c.24). 1994/1405), European Primary and Specialist Dental Qualifications Regulations 1998 (S.I. 2017/692). Chapter 2 of this Part applies for the purposes of the applied GDPR as it applies for the purposes of the GDPR. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. A document purporting to be a certificate under subsection (1) is to be—. Personal data already in the public domain. 214. 45.Omit Article 56 (competence of the lead supervisory authority). “approved medical research” means medical research carried out by a person who has approval to carry out that research from—, a research ethics committee recognised or established by the Health Research Authority under Chapter 2 of Part 3 of the Care Act 2014, or, a body appointed by any of the following for the purpose of assessing the ethics of research involving individuals—. 32.In Article 41 (monitoring of approved codes of conduct), omit... 33.In Article 42 (certification)— (a) in paragraph 1—. 176. (1) A controller shall, as respects personal data for which it is responsible, comply with the following provisions: (a) the data shall be processed lawfully and fairly; 1993/1250 (N.I. 73.In Schedule 1 (powers of seizure)— (a) omit paragraph 65,... 74.Anti-terrorism, Crime and Security Act 2001 (c.24). (1)Subject to subsection (3), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions listed in section 26(2) is, or at any time was, required in relation to any personal data for the purpose of safeguarding national security is conclusive evidence of that fact. The Schedules you have selected contains over 200 provisions and might take some time to download. 306. (5)In this Chapter, “FOI public authority” means—, (a)a public authority as defined in the Freedom of Information Act 2000, or. 216. 46.In Article 57 (tasks)— (a) in paragraph 1, in the... 47.In Article 58 (powers)— (a) in paragraph 1, in point... 48.In Article 59 (activity reports)— (a) for “, the government... 49.Chapter VII of the GDPR (co-operation and consistency), 50.Chapter VIII of the GDPR (remedies, liability and penalties). (3)Subsection (1) is subject to any provision in Chapter 2 which provides expressly for the term to have a different meaning and to section 204. 1976/1213 (N.I. (1)The provisions of the applied GDPR listed in subsection (2) do not apply to personal data to which this Chapter applies by virtue of section 21(2) (manual unstructured personal data held by FOI public authorities) at any time when—, (i)is subject to processing which was already underway immediately before 24 October 1998, and, (ii)is processed only for the purposes of historical research, and, (i)for the purposes of measures or decisions with respect to a particular data subject, or. Child’s consent in relation to information society services, references to “16 years” are to be read as references to “13 years”, and. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 272. similarly significantly affects the data subject. 1992/807 (N.I. 92. by omitting provisions added by regulations under this section, and, Accreditation of a person as a certification provider is only valid when carried out by—, The Commissioner may only accredit a person as a certification provider where the Commissioner—, has published a statement that the Commissioner will carry out such accreditation, and. (7)An estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000. (2)The processing meets the requirement in point (b), (h), (i) or (j) of Article 9(2) of the GDPR for authorisation by, or a basis in, the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1 of Schedule 1. An estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000. 1976/1213 (N.I. 2002/2013). 193.In section 13(5) (duty to notify National Crime Agency about... 194.In section 25(1) (interpretation of this Act), at the appropriate... 195.In paragraph 18(5) of Schedule 3 (supply of information to... 196.Justice Act (Northern Ireland) 2015 (c. 9 (N.I. 4)), 231.In Article 4 (health professionals), for paragraph (1) substitute—. Section 2 of Chapter VI of the GDPR (independent supervisory authorities: competence, tasks and powers). 144. 10.The chief constable of the British Transport Police. The processing meets the requirement in point (g) of Article 9(2) of the GDPR for a basis in the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 2 of Schedule 1. 145. Published 23 May 2018 Last updated 19 August 2020 — see all updates the reference to “information society services” does not include preventive or counselling services. 21. 2015/966), 384.Companies (Disclosure of Date of Birth Information) Regulations 2015 (S.I. The chief constable of the Civil Nuclear Constabulary. the exercise of a function conferred on a person by an enactment or rule of law, the exercise of a function of the Crown, a Minister of the Crown or a government department, or. Show Explanatory Notes for Sections: the GDPR as it applies by virtue of subsection (1) (see Part 1); Chapter 2 of this Part as it applies by virtue of subsection (2) (see Part 2). (1) Paragraph 10A (attachment of earnings orders (Justice Act (Northern... 96.In section 327A(9) (disclosure of information about convictions etc of... 97.In section 327B (disclosure of information about convictions etc of... 98.Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), 100.Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27). PART 2 General processing CHAPTER 1 Scope and definitions 4 Processing to which this Part applies (1) This Part is relevant to most processing of personal data. 1 Where a processor engages another processor for carrying out specific processing activities on … )), 198.Investigatory Powers Act 2016 (c. 25), 199.In section 1(5)(b), for sub-paragraph (ii) substitute—. 2009 No. Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 2007/679), National Assembly for Wales Commission (Crown Status) Order 2007 (S.I. 2002/253). (1) Regulation 85 (publication: the Commissioners) is amended as follows.... 418.For regulation 106(a) (general restrictions) substitute— (a) a disclosure in... 419.After paragraph 27 of Schedule 3 (relevant offences) insert— An offence under the Data Protection Act 2018, apart from... 420.Scottish Partnerships (Register of People with Significant Control) Regulations 2017 (S.I. 105. (N.I.) 213. In connection with this section, a controller has the powers and obligations under Article 12 of the GDPR (transparency, procedure for extending time for acting on request, fees, manifestly unfounded or excessive requests etc) that apply in connection with Article 22 of the GDPR. PART 2 Modifications to Chapter 2 of Part 2. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. (N.I.) The Secretary of State may by regulations change the meaning of “approved medical research” for the purposes of this section, including by amending subsection (4). (b)circumstances in which a transfer of personal data to a third country or international organisation which is not required by an enactment is not to be taken to be necessary for important reasons of public interest. (1) The table in Schedule A1 (functions of the GDC... Scottish Parliamentary Corporate Body (Crown Status) Order 1999 (S.I. 168. 223. The processing meets the requirement in point (b), (h), (i) or (j) of Article 9(2) of the GDPR for authorisation by, or a basis in, the law of the United Kingdom or a part of the United Kingdom only if it meets a condition in Part 1 of Schedule 1. it is a significant decision in relation to a data subject. 39.In Article 50 (international co-operation for the protection of personal... 40.Section 1 of Chapter VI of the GDPR (independent supervisory authorities: independent status), 41.In Article 52 (independence)— (a) in paragraph 2—. 2004/520). (2)The Secretary of State may by regulations—, (a)require controllers of a description specified in the regulations to produce and publish guidance about the fees that they charge in reliance on those provisions, and. 17. 16. (c)processing of personal data that is necessary for statistical purposes. Processing of personal data relating to criminal convictions and offences. Article 21(1) (objections to processing); in Chapter V of the applied GDPR, Articles 44 to 49 (transfers of personal data to third countries or international organisations); In addition, the provisions of the applied GDPR listed in subsection (4) do not apply to personal data to which this Chapter applies by virtue of section 21(2) where the personal data relates to appointments, removals, pay, discipline, superannuation or other personnel matters in relation to—. Article 5(1)(a) (lawful, fair and transparent processing), so far as it requires processing of personal data to be lawful; Article 9 (processing of special categories of personal data); Chapter III of the applied GDPR (rights of data subjects); Article 33 (notification of personal data breach to the Commissioner); Article 34 (communication of personal data breach to the data subject); Chapter V of the applied GDPR (transfers of personal data to third countries or international organisations); Article 57(1)(a) and (h) (Commissioner’s duties to monitor and enforce the applied GDPR and to conduct investigations); Article 58 (investigative, corrective, authorisation and advisory powers of Commissioner); Chapter VIII of the applied GDPR (remedies, liabilities and penalties) except for—. Transfers of personal data to third countries etc, The Secretary of State may by regulations specify, for the purposes of Article 49(1)(d) of the GDPR—, circumstances in which a transfer of personal data to a third country or international organisation is to be taken to be necessary for important reasons of public interest, and. (d)a parish meeting constituted under section 13 of the Local Government Act 1972; (e)a community meeting constituted under section 27 of that Act; (ii)under Part 1 of the Local Government and Public Involvement in Health Act 2007, or. processing of personal data that is necessary for statistical purposes. (1)The Secretary of State may by regulations specify, for the purposes of Article 49(1)(d) of the GDPR—, (a)circumstances in which a transfer of personal data to a third country or international organisation is to be taken to be necessary for important reasons of public interest, and. The Commissioner of Police of the Metropolis. 52. A decision is a “qualifying significant decision” for the purposes of this section if—. (6)Subsection (5)(b) does not remove the controller’s obligation to confirm whether or not personal data concerning the data subject is being processed unless the estimated cost of complying with that obligation alone in relation to the personal data would exceed the appropriate maximum. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. Right or obligation relating to employment, Administration of justice, parliamentary, statutory etc and government purposes, Confidential references given by the controller, Carrying out of the Commissioner’s functions by officers and staff, Authentication of the seal of the Commissioner, Presumption of authenticity of documents issued by the Commissioner, Requests for information and assistance from LED supervisory authorities, Co-operation between the Commissioner and foreign designated authorities, Assisting persons resident outside the UK with requests under Article 14 of the Convention, Assisting UK residents with requests under Article 8 of the Convention, Issue of warrants in connection with non-compliance and offences, Issue of warrants in connection with assessment notices, Restrictions on issuing warrants: processing for the special purposes, Restrictions on issuing warrants: procedural requirements, Execution of warrants: time when executed, Execution of warrants: occupier of premises, Execution of warrants: seizure of documents etc, Matters exempt from inspection and seizure: privileged communications, Matters exempt from inspection and seizure: Parliamentary privilege, Relevant records relating to a conviction or caution, Relevant records relating to statutory functions, Records stating that personal data is not processed, Parliamentary Commissioner Act 1967 (c. 13). 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