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DATA PROTECTION ACT 1998

UK Public General Acts

Version 27/06/2017

1998 CHAPTER 29

Default Geographical Extent: E+W+S+N.I.


  • Part I. Preliminary
  • Part II. Rights of data subjects and others
  • Part III. Notification by data controllers
  • Part IV. Exemptions
  • Part V. Enforcement
  • Part VI. Miscellaneous and General
    • Functions of Commissioner
    • Unlawful obtaining etc. of personal data
    • Monetary penalties]
    • Records obtained under data subject’s right of access
    • Information provided to Commissioner or Tribunal
    • General provisions relating to offences
    • Amendments of Consumer Credit Act 1974
    • General
  • Version 27/06/2017
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  • Version 27/04/2017
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  • Version 01/04/2017
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  • Version 22/07/2016
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  • Version 06/06/2016
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  • Version 12/04/2016
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  • Version 30/03/2016
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  • Version 01/01/2016
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  • Version 06/04/2015
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  • Version 16/03/2015
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  • Version 10/03/2015
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  • Version 03/12/2014
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  • Version 22/04/2014
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  • Version 01/04/2014
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  • Version 07/10/2013
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  • Version 01/09/2013
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  • Version 25/06/2013
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  • Version 29/04/2013
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  • Version 01/04/2013
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  • Version 01/12/2012
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  • Version 10/09/2012
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  • Version 01/08/2012
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  • Version 31/01/2012
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  • Version 31/10/2011
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  • Version 22/04/2011
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  • Version 01/03/2011
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  • Version 06/10/2010
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  • Version 27/09/2010
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  • Version 05/05/2010
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  • Version 06/04/2010
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  • Version 01/04/2010
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  • Version 01/02/2010
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  • Version 18/01/2010
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  • Version 01/01/2010
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  • Version 12/11/2009
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  • Version 01/10/2009
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  • Version 01/07/2009
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  • Version 01/10/2008
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  • Version 21/07/2008
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  • Version 29/05/2008
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  • Version 19/05/2008
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  • Version 01/04/2008
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  • Version 24/10/2007
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  • Version 01/04/2006
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  • Version 30/11/2005
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  • Version 01/07/2005
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  • Version 31/12/2004
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  • Version 01/06/2004
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  • Version 25/08/2000
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  • Version 01/03/2000
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  • Version 02/12/1999
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  • Version 01/07/1999
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  • Version 16/07/1998

Introductory Text

Data Protection Act 1998

1998 CHAPTER 29

An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information.

[16th July 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act: power to amend conferred (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 77(5), 153

C2 Act: Crown status for the purposes of the Act extended (6.5.1999) by S.I. 1999/677, art. 7(3)

Act applied (1.4.2000) by 1999 c. 28, s. 19(2) (with s. 38); S.I. 2000/1066, art. 2

Act excluded (1.3.2000) by S.I. 2000/416, art. 2, Sch.

Act: functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 11

Act applied by S.I. 1993/1813, art. 4(2) (as substituted by S.I. 2001/1544, art. 3(5)(6)) (the amendment coming into force in accordance with art. 1(2) of S.I. 2001/1544)

C3 Act (except ss. 6(4)(a)(b), 28, Sch. 5 para. 12(2) for certain purposes and Sch. 6 paras. 2, 3): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with art. 6)

Act restricted by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. {8(2)} (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)

Act modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. {11(4)} (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)

Act modified by The National Assembly for Wales Commission (Crown Status) Order 2007 (S.I. 2007/1118), art. 5 (the amendment comming into force in accordance with art. 1(2) of the amending S.I.)

C4 Act excluded (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 50(1)

C5 Act applied (N.I.) (12.4.2016) by Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016 (c. 12), s. 1(8)


Part I
Preliminary



1 Basic interpretative provisions.

(1) In this Act, unless the context otherwise requires— “data” means information which— (a) is being processed by means of equipment operating automatically in response to instructions given for that purpose, (b) is recorded with the intention that it should be processed by means of such equipment, (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, F1 . . . (d) does not fall within paragraph (a) , (b) or (c) but forms part of an accessible record as defined by section 68; [F2 or (e) is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d) ;] “data controller” means, subject to subsection (4) , a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed; “data processor”, in relation to personal data, means any person (other than an employee of the data controller) who processes the data on behalf of the data controller; “data subject” means an individual who is the subject of personal data; “personal data” means data which relate to a living individual who can be identified— (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual; “processing”, in relation to information or data, means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including— (a) organisation, adaptation or alteration of the information or data, (b) retrieval, consultation or use of the information or data, (c) disclosure of the information or data by transmission, dissemination or otherwise making available, or (d) alignment, combination, blocking, erasure or destruction of the information or data; [F3 “public authority” means a public authority as defined by the Freedom of Information Act 2000 or a Scottish public authority as defined by the Freedom of Information (Scotland) Act 2002;] “relevant filing system” means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible.

(2) In this Act, unless the context otherwise requires—

(a) “obtaining” or “recording”, in relation to personal data, includes obtaining or recording the information to be contained in the data, and
(b) “using” or “disclosing”, in relation to personal data, includes using or disclosing the information contained in the data.
(3) In determining for the purposes of this Act whether any information is recorded with the intention—

(a) that it should be processed by means of equipment operating automatically in response to instructions given for that purpose, or
(b) that it should form part of a relevant filing system,
it is immaterial that it is intended to be so processed or to form part of such a system only after being transferred to a country or territory outside the European Economic Area.
(4) Where personal data are processed only for purposes for which they are required by or under any enactment to be processed, the person on whom the obligation to process the data is imposed by or under that enactment is for the purposes of this Act the data controller.

[F4 (5) In paragraph (e) of the definition of “data” in subsection (1) , the reference to information “held” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000 [F5 or section 3(2) , (4) and (5) of the Freedom of Information (Scotland) Act 2002.]

(6) Where

(a) ] section 7 of the Freedom of Information Act 2000 prevents Parts I to V of that Act[F6 or]
[F6 (b) section 7(1) of the Freedom of Information (Scotland) Act 2002 prevents that Act,]
from applying to certain information held by a public authority, that information is not to be treated for the purposes of paragraph (e) of the definition of “data” in subsection (1) as held by a public authority.
Annotations:

Amendments (Textual)

F1 In s. 1(1) in definition of "data" word repealed (1.1.2005) by 2000 c. 36, ss. 68(2)(a), 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2

F2 In s. 1(1) in definition of "data" paragraph (e) and preceding word inserted (1.1.2005) by 2000 c. 36, ss. 68(2)(a), 87(3) (with ss. 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2

F3 In s. 1(1) definition of "public authority" inserted (1.1.2005) by 2000 c. 36, ss. 68(2)(b), 87(3) (with ss. 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2; and this same definition substituted (1.1.2005) by The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/3089), art. 2(2)(a)

F4 S. 1(5)(6) inserted (1.1.2005) by 2000 c. 36, ss. 68(3), 87(3) (with ss. 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2

F5 Words in s. 1(5) inserted (1.1.2005) by The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/3089), art. 2(2)(b)

F6 S. 1(6)(b) and preceding word inserted (1.1.2005) by The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/3089), art. 2(2)(c)


2 Sensitive personal data.

In this Act “sensitive personal data” means personal data consisting of information as to—

(a) the racial or ethnic origin of the data subject,
(b) his political opinions,
(c) his religious beliefs or other beliefs of a similar nature,
(d) whether he is a member of a trade union (within the meaning of the M1 Trade Union and Labour Relations (Consolidation) Act 1992) ,
(e) his physical or mental health or condition,
(f) his sexual life,
(g) the commission or alleged commission by him of any offence, or
(h) any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings.
Annotations:

Marginal Citations

M1 1992 c. 52.


3 The special purposes.

In this Act “the special purposes” means any one or more of the following—

(a) the purposes of journalism,
(b) artistic purposes, and
(c) literary purposes.

4 The data protection principles.

(1) References in this Act to the data protection principles are to the principles set out in Part I of Schedule 1.

(2) Those principles are to be interpreted in accordance with Part II of Schedule 1.

(3) Schedule 2 (which applies to all personal data) and Schedule 3 (which applies only to sensitive personal data) set out conditions applying for the purposes of the first principle; and Schedule 4 sets out cases in which the eighth principle does not apply.

(4) Subject to section 27(1) , it shall be the duty of a data controller to comply with the data protection principles in relation to all personal data with respect to which he is the data controller.

5 Application of Act.

(1) Except as otherwise provided by or under section 54, this Act applies to a data controller in respect of any data only if—

(a) the data controller is established in the United Kingdom and the data are processed in the context of that establishment, or
(b) the data controller is established neither in the United Kingdom nor in any other EEA State but uses equipment in the United Kingdom for processing the data otherwise than for the purposes of transit through the United Kingdom.
[F7 (1A) Subsection (1) is subject to regulation 50 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014. ]

(2) A data controller falling within subsection (1) (b) must nominate for the purposes of this Act a representative established in the United Kingdom.

(3) For the purposes of subsections (1) and (2) , each of the following is to be treated as established in the United Kingdom—

(a) an individual who is ordinarily resident in the United Kingdom,
(b) a body incorporated under the law of, or of any part of, the United Kingdom,
(c) a partnership or other unincorporated association formed under the law of any part of the United Kingdom, and
(d) any person who does not fall within paragraph (a) , (b) or (c) but maintains in the United Kingdom—
(i) an office, branch or agency through which he carries on any activity, or
(ii) a regular practice;
and the reference to establishment in any other EEA State has a corresponding meaning.
Annotations:

Amendments (Textual)

F7 S. 5(1A) inserted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 52(a)

Modifications etc. (not altering text)

C6 S. 5 modified by S.I. 1993/1813, art. 4(2) (as substituted (coming into force in accordance with art. 1(2) of the amending S.I.) by S.I. 2001/1544, art. 3(5)(6))


6 The Commissioner F8 . . . .

[F9 (1) For the purposes of this Act and of the Freedom of Information Act 2000 there shall be an officer known as the Information Commissioner (in this Act referred to as “the Commissioner”).]

(2) The Commissioner shall be appointed by Her Majesty by Letters Patent.

(3) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Schedule 5 has effect in relation to the Commissioner F11 . . . .

Annotations:

Amendments (Textual)

F8 S. 6: words in heading omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 25(a)

F9 S. 6(1) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 13(2) (with ss. 7(1)(7), 56, 78)

F10 S. 6(3)-(6) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 25(b)

F11 Words in s. 6(7) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 25(c)


Part II
Rights of data subjects and others



7 Right of access to personal data.

(1) Subject to the following provisions of this section and to [F12 sections 8, 9 and 9A] , an individual is entitled—

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,
(b) if that is the case, to be given by the data controller a description of—
(i) the personal data of which that individual is the data subject,
(ii) the purposes for which they are being or are to be processed, and
(iii) the recipients or classes of recipients to whom they are or may be disclosed,
(c) to have communicated to him in an intelligible form—
(i) the information constituting any personal data of which that individual is the data subject, and
(ii) any information available to the data controller as to the source of those data, and
(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.
(2) A data controller is not obliged to supply any information under subsection (1) unless he has received—

(a) a request in writing, and
(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.
[F13 (3) Where a data controller—

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and
(b) has informed him of that requirement,
the data controller is not obliged to comply with the request unless he is supplied with that further information.]
(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a) the other individual has consented to the disclosure of the information to the person making the request, or
(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.
(5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

(6) In determining for the purposes of subsection (4) (b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to—

(a) any duty of confidentiality owed to the other individual,
(b) any steps taken by the data controller with a view to seeking the consent of the other individual,
(c) whether the other individual is capable of giving consent, and
(d) any express refusal of consent by the other individual.
(7) An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

(8) Subject to subsection (4) , a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.

(9) If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

(10) In this section— “prescribed” means prescribed by the [F14 Secretary of State] by regulations; “the prescribed maximum” means such amount as may be prescribed; “the prescribed period” means forty days or such other period as may be prescribed; “the relevant day”, in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

(11) Different amounts or periods may be prescribed under this section in relation to different cases.

Annotations:

Amendments (Textual)

F12 Words in s. 7(1) substituted (30.11.2000 for certain purposes and otherwise 1.1.2005) by 2000 c. 36, ss. 69(1), 87(1)(3) (with ss. 7(1)(7), 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2

F13 S. 7(3) substituted (14.5.2001) by 2000 c. 36, s. 73, Sch. 6 para. 1 (with ss. 56, 78); S.I. 2001/1637, art. 2(d)

F14 Words in s. 7 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)

Modifications etc. (not altering text)

C7 S. 7 excluded (1.3.2000) by S.I. 2000/414, art. 5(1)

S. 7 modified (1.3.2000) by S.I. 2000/414, art. 6

S. 7 modified (1.3.2000) by S.I. 2000/191, reg. 4(1)

S. 7 excluded (1.3.2000) by S.I. 2000/413, art. 5(1)

S. 7 modified (1.3.2000) by S.I. 2000/413, arts. 6(1), 7(3)

S. 7 modified (1.3.2000) by S.I. 2000/415, art. 6

C8 S. 7 excluded (1.3.2000) by The Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 (S.I. 2000/419), art. 2 Sch. (as amended (1.10.2009) by S.I. 2009/1892, art. 3, Sch. 3 para. 1)

C9 S. 7 modified (1.3.2000) by virtue of The Data Protection (Subject Access Modification) (Education) Order 2000 (S.I. 2000/414), art. 7(1)(a)(2)

C10 S. 7(12) modified (1.3.2000) by virtue of The Data Protection (Subject Access Modification) (Social Work) Order 2000 (S.I. 2000/415), art. 7(2 (as amended (7.3.2005) by The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 (S.I. 2005/467), art. 4; (1.4.2011) by The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2011 (S.I. 2011/1034), art. 4 and (E.W.) (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011(S.I. 2011/1045), {art. 23})

C11 S. 7 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 44(1)

C12 S. 7 applied (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 15(1)

C13 S. 7(1) extended (1.3.2000) by S.I. 2000/191, reg. 2(2)

C14 S. 7(1)(a)(b)(c) extended (1.3.2000) by S.I. 2000/191, reg. 2(1)

C15 S. 7(1)(b)-(d) excluded (1.3.2000) by S.I. 2000/415, art. 5(1)

C16 S. 7(4)(9) modified (1.3.2000) by S.I. 2000/413, art. 8(a)(b)

S. 7(4)(9) modified (1.3.2000) by S.I. 2000/414, art. 7(1)(a)(b)

S. 7(4)(9) modified (1.3.2000) by S.I. 2000/415, art. 7(1)(a)(b)

Commencement Information

I1 S. 7 wholly in force at 1.3.2000; s. 7 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 7 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)


8 Provisions supplementary to section 7.

(1) The [F15 Secretary of State] may by regulations provide that, in such cases as may be prescribed, a request for information under any provision of subsection (1) of section 7 is to be treated as extending also to information under other provisions of that subsection.

(2) The obligation imposed by section 7(1) (c) (i) must be complied with by supplying the data subject with a copy of the information in permanent form unless—

(a) the supply of such a copy is not possible or would involve disproportionate effort, or
(b) the data subject agrees otherwise;
and where any of the information referred to in section 7(1) (c) (i) is expressed in terms which are not intelligible without explanation the copy must be accompanied by an explanation of those terms.
(3) Where a data controller has previously complied with a request made under section 7 by an individual, the data controller is not obliged to comply with a subsequent identical or similar request under that section by that individual unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.

(4) In determining for the purposes of subsection (3) whether requests under section 7 are made at reasonable intervals, regard shall be had to the nature of the data, the purpose for which the data are processed and the frequency with which the data are altered.

(5) Section 7(1) (d) is not to be regarded as requiring the provision of information as to the logic involved in any decision-taking if, and to the extent that, the information constitutes a trade secret.

(6) The information to be supplied pursuant to a request under section 7 must be supplied by reference to the data in question at the time when the request is received, except that it may take account of any amendment or deletion made between that time and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request.

(7) For the purposes of section 7(4) and (5) another individual can be identified from the information being disclosed if he can be identified from that information, or from that and any other information which, in the reasonable belief of the data controller, is likely to be in, or to come into, the possession of the data subject making the request.

Annotations:

Amendments (Textual)

F15 Words in s. 8 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)

Modifications etc. (not altering text)

C17 S. 8 applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 44(1)

Commencement Information

I2 S. 8 wholly in force at 1.3.2000; s. 8 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 8 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)


9 Application of section 7 where data controller is credit reference agency.

(1) Where the data controller is a credit reference agency, section 7 has effect subject to the provisions of this section.

(2) An individual making a request under section 7 may limit his request to personal data relevant to his financial standing, and shall be taken to have so limited his request unless the request shows a contrary intention.

(3) Where the data controller receives a request under section 7 in a case where personal data of which the individual making the request is the data subject are being processed by or on behalf of the data controller, the obligation to supply information under that section includes an obligation to give the individual making the request a statement, in such form as may be prescribed by the [F16 Secretary of State] by regulations, of the individual’s rights—

(a) under section 159 of the M2 Consumer Credit Act 1974 , and
(b) to the extent required by the prescribed form, under this Act.
Annotations:

Amendments (Textual)

F16 Words in s. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)

Modifications etc. (not altering text)

C18 S. 9 applied (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 15(1)

Commencement Information

I3 S. 9 wholly in force at 1.3.2000; s. 9 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 9 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)

Marginal Citations

M2 1974 c. 39.


[F17 9A Unstructured personal data held by public authorities.

(1) In this section “unstructured personal data” means any personal data falling within paragraph (e) of the definition of “data” in section 1(1) , other than information which is recorded as part of, or with the intention that it should form part of, any set of information relating to individuals to the extent that the set is structured by reference to individuals or by reference to criteria relating to individuals.

(2) A public authority is not obliged to comply with subsection (1) of section 7 in relation to any unstructured personal data unless the request under that section contains a description of the data.

(3) Even if the data are described by the data subject in his request, a public authority is not obliged to comply with subsection (1) of section 7 in relation to unstructured personal data if the authority estimates that the cost of complying with the request so far as relating to those data would exceed the appropriate limit.

(4) Subsection (3) does not exempt the public authority from its obligation to comply with paragraph (a) of section 7(1) in relation to the unstructured personal data unless the estimated cost of complying with that paragraph alone in relation to those data would exceed the appropriate limit.

(5) In subsections (3) and (4) “the appropriate limit” means such amount as may be prescribed by the [F18 Secretary of State] by regulations, and different amounts may be prescribed in relation to different cases.

(6) Any 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.]

Annotations:

Amendments (Textual)

F17 S. 9A inserted (30.11.2000 for certain purposes and otherwise 1.1.2005) by 2000 c. 36, ss. 69(2), 87(1)(3) (with ss. 56, 78); S.I. 2004/1909, art. 2; S.I. 2004/3122, art. 2 (s. 69(2) of the amending Act was itself amended (19.8.2003) by S.I. 2003/1887, art. 9, Sch. 2 para. 12(1)(b))

F18 Words in s. 9A substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 paras. 9(1)(a), 12(1)(b)


10 Right to prevent processing likely to cause damage or distress.

(1) Subject to subsection (2) , an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and
(b) that damage or distress is or would be unwarranted.
(2) Subsection (1) does not apply—

(a) in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or
(b) in such other cases as may be prescribed by the [F19 Secretary of State] by order.
(3) The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

(a) stating that he has complied or intends to comply with the data subject notice, or
(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.
(4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent) , that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

(5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

Annotations:

Amendments (Textual)

F19 Words in s. 10 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 9(1)(a)

Commencement Information

I4 S. 10 wholly in force at 1.3.2000; s. 10 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 10 in force at 1.3.2000 insofar as not already in force by S.I. 2000/183, art. 2(1)


11 Right to prevent processing for purposes of direct marketing.

(1) An individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing for the purposes of direct marketing personal data in respect of which he is the data subject.

(2) If the court is satisfied, on the application of any person who has given a notice under subsection (1) , that the data controller has failed to comply with the notice, the court may order him to take such steps for complying with the notice as the court thinks fit.

[F20 (2A) This section shall not apply in relation to the processing of such data as are mentioned in paragraph (1) of regulation 8 of the Telecommunications (Data Protection and Privacy) Regulations 1999 (processing of telecommunications billing data for certain marketing purposes) for the purposes mentioned in paragraph (2) of that regulation.]

(3) In this section “direct marketing” means the communication (by whatever means) of any advertising or marketing material which is directed to particular individuals.

Annotations:

Amendments (Textual)

F20 S. 11(2A) inserted (1.3.2000) by S.I. 1999/2093, reg. 3(3), Sch. 1 Pt. II para. 3