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Data Protection Act 2018

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26National security and defence exemptionU.K.
This section has no associated Explanatory Notes

(1)A provision of [F1the UK GDPR] or this Act mentioned in subsection (2) does not apply to personal data to which [F2the UK GDPR] applies if exemption from the provision is required for—

(a)the purpose of safeguarding national security, or

(b)defence purposes.

(2)The provisions are—

(a)Chapter II of [F3the UK GDPR] (principles) except for—

(i)Article 5(1)(a) (lawful, fair and transparent processing), so far as it requires processing of personal data to be lawful;

(ii)Article 6 (lawfulness of processing);

(iii)Article 9 (processing of special categories of personal data);

(b)Chapter III of [F4the UK GDPR] (rights of data subjects);

(c)in Chapter IV of [F5the UK GDPR]

(i)Article 33 (notification of personal data breach to the Commissioner);

(ii)Article 34 (communication of personal data breach to the data subject);

(d)Chapter V of [F6the UK GDPR] (transfers of personal data to third countries or international organisations);

(e)in Chapter VI of [F7the UK GDPR]

(i)Article 57(1)(a) and (h) (Commissioner's duties to monitor and enforce [F7the UK GDPR] and to conduct investigations);

(ii)Article 58 (investigative, corrective, authorisation and advisory powers of Commissioner);

(f)Chapter VIII of [F8the UK GDPR] (remedies, liabilities and penalties) except for—

(i)Article 83 (general conditions for imposing administrative fines);

(ii)Article 84 (penalties);

[F9(fa)in Part 2 of this Act, sections 17A, 17B and 17C (transfers to third countries);]

(g)in Part 5 of this Act—

(i)in section 115 (general functions of the Commissioner), subsections (3) and (8);

(ii)in section 115, subsection (9), so far as it relates to Article 58(2)(i) of [F10the UK GDPR];

(iii)section 119 (inspection in accordance with international obligations);

[F11(iv)section 119A (standard clauses for transfers to third countries);]

(h)in Part 6 of this Act—

(i)sections 142 to 154 and Schedule 15 (Commissioner's notices and powers of entry and inspection);

(ii)sections 170 to 173 (offences relating to personal data);

(i)in Part 7 of this Act, section 187 (representation of data subjects).

Textual Amendments

Modifications etc. (not altering text)

C1Pt. 2 Ch. 3 applied (31.12.2020) by Regulation (EU) No. 625/2017, Art. 143 (as substituted by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 27(3) (with reg. 46))

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