Data Protection Act 1998
Data Protection Act 1998 (1998 c. 29)
- Data Protection Act 1998 (1998 c. 29)
- Part I Preliminary
- 1 Basic interpretative provisions.
- 2 Sensitive personal data.
- 3 The special purposes.
- 4 The data protection principles.
- 5 Application of Act.
- 6 The Commissioner . . . .
- Part II Rights of data subjects and others
- 7 Right of access to personal data.
- 8 Provisions supplementary to section 7.
- 9 Application of section 7 where data controller is credit reference agency.
- 9A Unstructured personal data held by public authorities.
- 10 Right to prevent processing likely to cause damage or distress.
- 11 Right to prevent processing for purposes of direct marketing.
- 12 Rights in relation to automated decision-taking.
- 12A Rights of data subjects in relation to exempt manual data.
- 13 Compensation for failure to comply with certain requirements.
- 14 Rectification, blocking, erasure and destruction.
- 15 Jurisdiction and procedure.
- Part III Notification by data controllers
- 16 Preliminary.
- 17 Prohibition on processing without registration.
- 18 Notification by data controllers.
- 19 Register of notifications.
- 20 Duty to notify changes.
- 21 Offences.
- 22 Preliminary assessment by Commissioner.
- 23 Power to make provision for appointment of data protection supervisors.
- 24 Duty of certain data controllers to make certain information available.
- 25 Functions of Commissioner in relation to making of notification regulations.
- 26 Fees regulations.
- Part IV Exemptions
- 27 Preliminary.
- 28 National security.
- 29 Crime and taxation.
- 30 Health, education and social work.
- 31 Regulatory activity.
- 32 Journalism, literature and art.
- 33 Research, history and statistics.
- 33A Manual data held by public authorities.
- 34 Information available to the public by or under enactment.
- 35 Disclosures required by law or made in connection with legal proceedings etc.
- 35A Parliamentary privilege.
- 36 Domestic purposes.
- 37 Miscellaneous exemptions.
- 38 Powers to make further exemptions by order.
- 39 Transitional relief.
- Part V Enforcement
- 40 Enforcement notices.
- 41 Cancellation of enforcement notice.
- 41A Assessment notices
- 41B Assessment notices: limitations
- 41C Code of practice about assessment notices
- 42 Request for assessment.
- 43 Information notices.
- 44 Special information notices.
- 45 Determination by Commissioner as to the special purposes.
- 46 Restriction on enforcement in case of processing for the special purposes.
- 47 Failure to comply with notice.
- 48 Rights of appeal.
- 49 Determination of appeals.
- 50 Powers of entry and inspection.
- Part VI Miscellaneous and General
- Functions of Commissioner
- 51 General duties of Commissioner.
- 52 Reports and codes of practice to be laid before Parliament.
- 52A Data-sharing code
- 52AA Direct marketing code
- 52B data-sharing and direct marketing codes: procedure
- 52C Alteration or replacement of data-sharing and direct marketing codes
- 52D Publication of data-sharing and direct marketing codes
- 52E Effect of data-sharing and direct marketing codes
- 53 Assistance by Commissioner in cases involving processing for the special purposes.
- 54 International co-operation.
- 54A Inspection of overseas information systems
- Unlawful obtaining et ceteralaetc. of personal data
- 55 Unlawful obtaining etc. of personal data.
- Monetary penalties
- 55A Power of Commissioner to impose monetary penalty
- 55B Monetary penalty notices: procedural rights
- 55C Guidance about monetary penalty notices
- 55D Monetary penalty notices: enforcement
- 55E Notices under sections 55A and 55B: supplemental
- Records obtained under data subject’s right of access
- 56 Prohibition of requirement as to production of certain records.
- 57 Avoidance of certain contractual terms relating to health records.
- Information provided to Commissioner or Tribunal
- 58 Disclosure of information.
- 59 Confidentiality of information.
- General provisions relating to offences
- 60 Prosecutions and penalties.
- 61 Liability of directors etc.
- Amendments of Consumer Credit Act 1974
- 62 Amendments of Consumer Credit Act 1974.
- General
- 63 Application to Crown.
- 63A Application to Parliament.
- 64 Transmission of notices etc. by electronic or other means.
- 65 Service of notices by Commissioner.
- 66 Exercise of rights in Scotland by children.
- 67 Orders, regulations and rules.
- 68 Meaning of “accessible record”.
- 69 Meaning of “health professional”.
- 70 Supplementary definitions.
- 71 Index of defined expressions.
- 72 Modifications of Act.
- 73 Transitional provisions and savings.
- 74 Minor and consequential amendments and repeals and revocations.
- 75 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 The data protection principles
- Part I The principles
- Part II Interpretation of the principles in Part I
- The first principle
- The second principle
- The fourth principle
- The sixth principle
- The seventh principle
- The eighth principle
- SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data
- SCHEDULE 3 Conditions relevant for purposes of the first principle: processing of sensitive personal data
- SCHEDULE 4 Cases where the eighth principle does not apply
- SCHEDULE 5 The Data Protection Commissioner . . .
- Part I The Commissioner
- Status and capacity
- Tenure of office and appointment
- Salary et ceteralaetc.
- Officers and staff
- Authentication of seal of the Commissioner
- Presumption of authenticity of documents issued by the Commissioner
- Money
- Accounts
- Application of Part I in Scotland
- Part II The Tribunal
- Tenure of office
- Salary et ceteralaetc.
- Officers and staff
- Expenses
- SCHEDULE 6 Appeal proceedings
- Hearing of appeals
- Constitution of Tribunal in national security cases
- Constitution of Tribunal in other cases
- Determination of questions by full Tribunal
- Ex parte proceedings
- Tribunal Procedure Rules
- Obstruction et ceteralaetc.
- SCHEDULE 7 Miscellaneous exemptions
- Confidential references given by the data controller
- Armed forces
- Judicial appointments and honours
- Crown employment and Crown or Ministerial appointments
- Management forecasts et ceteralaetc.
- Corporate finance
- Negotiations
- Examination marks
- Examination scripts et ceteralaetc.
- Legal professional privilege
- Self-incrimination
- SCHEDULE 8 Transitional relief
- Part I Interpretation of Schedule
- Part II Exemptions available before 24th October 2001
- Manual data
- Processing otherwise than by reference to the data subject
- Payrolls and accounts
- Unincorporated members’ clubs and mailing lists
- Back-up data
- Exemption of all eligible automated data from certain requirements
- Part III Exemptions available after 23rd October 2001 but before 24th October 2007
- Part IV Exemptions after 23rd October 2001 for historical research
- Part V Exemption from section 22
- SCHEDULE 9 Powers of entry and inspection
- Issue of warrants
- Execution of warrants
- Matters exempt from inspection and seizure
- Return of warrants
- Offences
- Vessels, vehicles et ceteralaetc.
- Scotland and Northern Ireland
- Self-incrimination
- SCHEDULE 10 Further provisions relating to assistance under section 53
- SCHEDULE 11 Educational records
- Meaning of “educational record”
- England and Wales
- Scotland
- Northern Ireland
- England and Wales: transitory provisions
- SCHEDULE 12 Accessible public records
- Meaning of “accessible public record”
- Housing and social services records: England and Wales
- Housing and social services records: Scotland
- Housing and social services records: Northern Ireland
- SCHEDULE 13 Modifications of Act having effect before 24th October 2007
- SCHEDULE 14 Transitional provisions and savings
- Interpretation
- Effect of registration under Part II of 1984 Act
- Rights of data subjects
- Enforcement and transfer prohibition notices served under Part V of 1984 Act
- Notices under new law relating to matters in relation to which 1984 Act had effect
- Self-incrimination, et ceteralaetc.
- Warrants issued under 1984 Act
- Complaints under section 36(2) of 1984 Act and requests for assessment under section 42
- Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation
- Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation
- Applications under section 158 of Consumer Credit Act 1974
- SCHEDULE 15 Minor and consequential amendments
- Public Records Act 1958 (c. 51)
- Parliamentary Commissioner Act 1967 (c. 13)
- Superannuation Act 1972 (c. 11)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Representation of the People Act 1983 (c. 2)
- Access to Medical Reports Act 1988 (c. 28)
- Football Spectators Act 1989 (c. 37)
- Education (Student Loans) Act 1990 (c. 6)
- Access to Health Records Act 1990 (c. 23)
- Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))
- Tribunals and Inquiries Act 1992 (c. 53)
- Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))
- SCHEDULE 16 Repeals and revocations
- Part I Repeals
- Part II Revocations
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