Data Protection Act 2018 (c. 12)

SCHEDULES

SCHEDULE 19 Minor and consequential amendments

PART 2 Amendments of other legislation

Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (S.R. (N.I.) 2008 No. 3)

338 (1) Regulation 5 of the Energy Order 2003 (Supply of Information) Regulations (Northern Ireland) 2008 (information whose disclosure would be affected by the application of other legislation) is amended as follows.

(2) In paragraph (3)—

(a) omit “within the meaning of section 1(1) of the Data Protection Act 1998”, and

(b) for the words from “where” to the end substitute “if the condition in paragraph (3A) or (3B) is satisfied”.

(3) After paragraph (3) insert—

“(3A) The condition in this paragraph is that the disclosure of the information to a member of the public—

(a) would contravene any of the data protection principles, or

(b) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual unstructured data held by public authorities) were disregarded.

(3B) The condition in this paragraph is that the disclosure of the information to a member of the public would contravene—

(a) Article 21 of the GDPR (general processing: right to object to processing), or

(b) section 99 of the Data Protection Act 2018 (intelligence services processing: right to object to processing).”

(4) After paragraph (4) insert—

“(5) In this regulation—

• “the data protection principles” means the principles set out in—

  (a)

  Article 5(1) of the GDPR,

  (b)

  section 34(1) of the Data Protection Act 2018, and

  (c)

  section 85(1) of that Act;

• “the GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10), (11) and (14) of that Act);

• “personal data” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act).”