- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 No. 419
4.—(1) Article 2 is amended as follows.
(2) For paragraph 1 substitute—
“1. This Regulation applies to the automated or structured processing of personal data, including—
(a)processing in the course of an activity which, immediately before exit day, fell outside the scope of EU law, and
(b)processing in the course of an activity which, immediately before exit day, fell within the scope of Chapter 2 of Title 5 of the Treaty on European Union (common foreign and security policy activities).
1A. This Regulation also applies to the manual unstructured processing of personal data held by an FOI public authority.”.
(3) For paragraph 2 substitute—
“2. This Regulation does not apply to—
(a)the processing of personal data by an individual in the course of a purely personal or household activity;
(b)the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act);
(c)the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies.”.
(4) Omit paragraph 3.
(5) In paragraph 4, for “Directive 2000/31/EC”(1) to the end substitute “the Electronic Commerce (EC Directive) Regulations 2002(2), in particular the provisions about mere conduits, caching and hosting (see regulations 17 to 19 of those Regulations).”.
(6) After paragraph 4 insert—
“5. In this Article—
(a)‘the automated or structured processing of personal data’ means—
(i)the processing of personal data wholly or partly by automated means, and
(ii)the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system;
(b)‘the manual unstructured processing of personal data’ means the processing of personal data which is not the automated or structured processing of personal data;
(c)‘FOI public authority’ has the same meaning as in Chapter 3 of Part 2 of the 2018 Act (see section 21(5) of that Act);
(d)references to personal data ‘held’ by an FOI public authority are to be interpreted in accordance with section 21(6) and (7) of the 2018 Act;
(e)‘competent authority’ and ‘law enforcement purposes’ have the same meaning as in Part 3 of the 2018 Act (see sections 30 and 31 of that Act).”.
OJ L 178, 17/07/2000, p1-16.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: