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1998 c. 29

Data Protection Act 1998

Act · In force · Enacted 1998-07-16 · 285 sections

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.

Data synced

Read the official text ↗

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 et ceteralaetc. 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
s 62Amendments of Consumer Credit Act 1974.Open ↗
(1) In section 158 of the Consumer Credit Act 1974 (duty of agency to disclose filed information)— (a) in subsection (1)— (i) in paragraph (a) for “individual” there is substituted “ partnership or other unincorporated body of persons not consisting entirely of bodies corporate ” , and (ii) for “him” there is substituted “ it ” , (b) in subsection (2), for “his” there is substituted “ the consumer’s ” , and (c) in subsection (3), for “him” there is substituted “ the consumer ” . (2) In section 159 of that Act (correction of wrong information) for subsection (1) there is substituted— (1) Any individual (the “ objector ”) given— (a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or (b) information under section 158, who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it. (3) In subsections (2) to (6) of that section— (a) for “consumer”, wherever occurring, there is substituted “ objector ” , and (b) for “Director”, wherever occurring, there is substituted “ the relevant authority ” . (4) After subsection (6) of that section there is inserted— (7) The Data Protection Commissioner may vary or revoke any order made by him under this section. (8) In this section “ the relevant authority ” means— (a) where the objector is a partnership or other unincorporated body of persons, the Director, and (b) in any other case, the Data Protection Commissioner. (5) In section 160 of that Act (alternative procedure for business consumers)— (a) in subsection (4)— (i) for “him” there is substituted “ to the consumer ” , and (ii) in paragraphs (a) and (b) for “he” there is substituted “ the consumer ” and for “his” there is substituted “ the consumer’s ” , and (b) after subsection (6) there is inserted— (7) In this section “ consumer ” has the same meaning as in section 158.
General
Schedules
SCHEDULE 1 — The data protection principles
Part I — The principles
Part II — Interpretation of the principles in Part I
The first principle
s 1Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The first principle
s 2Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The first principle
s 3Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The first principle
s 4Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The second principle
s 5Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The second principle
s 6Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The fourth principle
s 7Open ↗
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Part I — The principles
Part II — Interpretation of the principles in Part I
The sixth principle
s 8Open ↗
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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
Part III
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)
Sch 15 para 13Open ↗
In section 5(3) of that Act (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under section 3(2) to any part of a health record ” .
Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))
Sch 15 para 15Open ↗
In Article 6(1) of that Order (interpretation), in the definition of “ health professional ”, for “the Data Protection (Subject Access Modification) (Health) Order 1987” there is substituted “ the Data Protection Act 1998 ” .
Tribunals and Inquiries Act 1992 (c. 53)
Sch 15 para 16Open ↗
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for paragraph 14 there is substituted—
Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))
Sch 15 para 18Open ↗
In Article 5(4) of that Order (cases where fee may be required) in sub-paragraph (a), for “the maximum prescribed under section 21 of the Data Protection Act 1984” there is substituted “ such maximum as may be prescribed for the purposes of this Article by regulations under section 7 of the Data Protection Act 1998 ” .
Sch 15 para 19Open ↗
In Article 7 of that Order (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under Article 5(2) to any part of a health record ” .

Cite this legislation

Official citation
1998 c. 29
Source
legislation.gov.uk
Data synced
Licence
OGL-3

Data Protection Act 1998 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-1998-29

This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.

View on legislation.gov.uk

Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).

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