Data Protection Act 1998
Part IPreliminary
1Basic interpretative provisions
2Sensitive personal data
3The special purposes
4The data protection principles
5Application of Act
6The Commissioner and the Tribunal
Part IIRights of data subjects and others
7Right of access to personal data
8Provisions supplementary to section 7
9Application of section 7 where data controller is credit reference agency
10Right to prevent processing likely to cause damage or distress
11Right to prevent processing for purposes of direct marketing
12Rights in relation to automated decision-taking
13Compensation for failure to comply with certain requirements
14Rectification, blocking, erasure and destruction
15Jurisdiction and procedure
Part IIINotification by data controllers
16Preliminary
17Prohibition on processing without registration
18Notification by data controllers
19Register of notifications
20Duty to notify changes
21Offences
22Preliminary assessment by Commissioner
23Power to make provision for appointment of data protection supervisors
24Duty of certain data controllers to make certain information available
25Functions of Commissioner in relation to making of notification regulations
26Fees regulations
Part IVExemptions
27Preliminary
28National security
29Crime and taxation
30Health, education and social work
31Regulatory activity
32Journalism, literature and art
33Research, history and statistics
34Information available to the public by or under enactment
35Disclosures required by law or made in connection with legal proceedings etc
36Domestic purposes
37Miscellaneous exemptions
38Powers to make further exemptions by order
39Transitional relief
Part VEnforcement
40Enforcement notices
41Cancellation of enforcement notice
42Request for assessment
43Information notices
44Special information notices
45Determination by Commissioner as to the special purposes
46Restriction on enforcement in case of processing for the special purposes
47Failure to comply with notice
48Rights of appeal
49Determination of appeals
50Powers of entry and inspection
Part VIMiscellaneous and General
Functions of Commissioner
51General duties of Commissioner
52Reports and codes of practice to be laid before Parliament
53Assistance by Commissioner in cases involving processing for the special purposes
54International co-operation
Unlawful obtaining etc. of personal data
55Unlawful obtaining etc. of personal data
Records obtained under data subject’s right of access
56Prohibition of requirement as to production of certain records
57Avoidance of certain contractual terms relating to health records
Information provided to Commissioner or Tribunal
58Disclosure of information
59Confidentiality of information
General provisions relating to offences
60Prosecutions and penalties
61Liability of directors etc
Amendments of Consumer Credit Act 1974
62Amendments of Consumer Credit Act 1974
General
63Application to Crown
64Transmission of notices etc. by electronic or other means
65Service of notices by Commissioner
66Exercise of rights in Scotland by children
67Orders, regulations and rules
68Meaning of “accessible record”
69Meaning of “health professional”
70Supplementary definitions
71Index of defined expressions
72Modifications of Act
73Transitional provisions and savings
74Minor and consequential amendments and repeals and revocations
75Short title, commencement and extent
SCHEDULES
SCHEDULE 1The data protection principles
Part IThe principles
1Personal data shall be processed fairly and lawfully and, in...
2Personal data shall be obtained only for one or more...
3Personal data shall be adequate, relevant and not excessive in...
4Personal data shall be accurate and, where necessary, kept up...
5Personal data processed for any purpose or purposes shall not...
6Personal data shall be processed in accordance with the rights...
7Appropriate technical and organisational measures shall be taken against unauthorised...
8Personal data shall not be transferred to a country or...
Part IIInterpretation of the principles in Part I
The first principle
1(1) In determining for the purposes of the first principle...
2(1) Subject to paragraph 3, for the purposes of the...
3(1) Paragraph 2(1)(b) does not apply where either of the...
4(1) Personal data which contain a general identifier falling within...
The second principle
5The purpose or purposes for which personal data are obtained...
6In determining whether any disclosure of personal data is compatible...
The fourth principle
7The fourth principle is not to be regarded as being...
The sixth principle
8A person is to be regarded as contravening the sixth...
The seventh principle
9Having regard to the state of technological development and the...
10The data controller must take reasonable steps to ensure the...
11Where processing of personal data is carried out by a...
12Where processing of personal data is carried out by a...
The eighth principle
13An adequate level of protection is one which is adequate...
14The eighth principle does not apply to a transfer falling...
15(1) Where— (a) in any proceedings under this Act any...
SCHEDULE 2Conditions relevant for purposes of the first principle: processing of any personal data
1The data subject has given his consent to the processing....
2The processing is necessary— (a) for the performance of a...
3The processing is necessary for compliance with any legal obligation...
4The processing is necessary in order to protect the vital...
5The processing is necessary— (a) for the administration of justice,...
6(1) The processing is necessary for the purposes of legitimate...
SCHEDULE 3Conditions relevant for purposes of the first principle: processing of sensitive personal data
1The data subject has given his explicit consent to the...
2(1) The processing is necessary for the purposes of exercising...
3The processing is necessary— (a) in order to protect the...
4The processing— (a) is carried out in the course of...
5The information contained in the personal data has been made...
6The processing— (a) is necessary for the purpose of, or...
7(1) The processing is necessary— (a) for the administration of...
8(1) The processing is necessary for medical purposes and is...
9(1) The processing— (a) is of sensitive personal data consisting...
10The personal data are processed in circumstances specified in an...
SCHEDULE 4Cases where the eighth principle does not apply
1The data subject has given his consent to the transfer....
2The transfer is necessary— (a) for the performance of a...
3The transfer is necessary— (a) for the conclusion of a...
4(1) The transfer is necessary for reasons of substantial public...
5The transfer— (a) is necessary for the purpose of, or...
6The transfer is necessary in order to protect the vital...
7The transfer is of part of the personal data on...
8The transfer is made on terms which are of a...
9The transfer has been authorised by the Commissioner as being...
SCHEDULE 5The Data Protection Commissioner and the Data Protection Tribunal
Part IThe Commissioner
Status and capacity
1(1) The corporation sole by the name of the Data...
Tenure of office
2(1) Subject to the provisions of this paragraph, the Commissioner...
Salary etc.
3(1) There shall be paid— (a) to the Commissioner such...
Officers and staff
4(1) The Commissioner— (a) shall appoint a deputy commissioner, and...
5(1) The deputy commissioner shall perform the functions conferred by...
Authentication of seal of the Commissioner
6The application of the seal of the Commissioner shall be...
Presumption of authenticity of documents issued by the Commissioner
7Any document purporting to be an instrument issued by the...
Money
8The Secretary of State may make payments to the Commissioner...
9(1) All fees and other sums received by the Commissioner...
Accounts
10(1) It shall be the duty of the Commissioner—
Application of Part I in Scotland
11Paragraphs 1(1), 6 and 7 do not extend to Scotland....
Part IIThe Tribunal
Tenure of office
12(1) Subject to the following provisions of this paragraph, a...
Salary etc.
13The Secretary of State shall pay to the members of...
Officers and staff
14The Secretary of State may provide the Tribunal with such...
Expenses
15Such expenses of the Tribunal as the Secretary of State...
Part IIITransitional provisions
16Any reference in any enactment, instrument or other document to...
17Any reference in this Act or in any instrument under...
SCHEDULE 6Appeal proceedings
Hearing of appeals
1For the purpose of hearing and determining appeals or any...
Constitution of Tribunal in national security cases
2(1) The Lord Chancellor shall from time to time designate,...
3In any case where the application of paragraph 6(1) is...
Constitution of Tribunal in other cases
4(1) Subject to any rules made under paragraph 7, the...
Determination of questions by full Tribunal
5The determination of any question before the Tribunal when constituted...
Ex parte proceedings
6(1) Subject to any rules made under paragraph 7, the...
Rules of procedure
7(1) The Secretary of State may make rules for regulating...
Obstruction etc.
8(1) If any person is guilty of any act or...
SCHEDULE 7Miscellaneous exemptions
Confidential references given by the data controller
1Personal data are exempt from section 7 if they consist...
Armed forces
2Personal data are exempt from the subject information provisions in...
Judicial appointments and honours
3Personal data processed for the purposes of—
Crown employment and Crown or Ministerial appointments
4The Secretary of State may by order exempt from the...
Management forecasts etc.
5Personal data processed for the purposes of management forecasting or...
Corporate finance
6(1) Where personal data are processed for the purposes of,...
Negotiations
7Personal data which consist of records of the intentions of...
Examination marks
8(1) Section 7 shall have effect subject to the provisions...
Examination scripts etc.
9(1) Personal data consisting of information recorded by candidates during...
Legal professional privilege
10Personal data are exempt from the subject information provisions if...
Self-incrimination
11(1) A person need not comply with any request or...
SCHEDULE 8Transitional relief
Part IInterpretation of Schedule
1(1) For the purposes of this Schedule, personal data are...
Part IIExemptions available before 24th October 2001
Manual data
2(1) Eligible manual data, other than data forming part of...
3(1) This paragraph applies to— (a) eligible manual data forming...
4(1) This paragraph applies to eligible manual data which consist...
Processing otherwise than by reference to the data subject
5During the first transitional period, for the purposes of this...
Payrolls and accounts
6(1) Subject to sub-paragraph (2), eligible automated data processed by...
Unincorporated members' clubs and mailing lists
7Eligible automated data processed by an unincorporated members' club and...
8Eligible automated data processed by a data controller only for...
9Neither paragraph 7 nor paragraph 8 applies to personal data...
10It shall be a condition of the exemption of any...
11Data to which paragraph 10 applies may be disclosed—
Back-up data
12Eligible automated data which are processed only for the purpose...
Exemption of all eligible automated data from certain requirements
13(1) During the first transitional period, eligible automated data are...
Part IIIExemptions available after 23rd October 2001 but before 24th October 2007
14(1) This paragraph applies to— (a) eligible manual data which...
Part IVExemptions after 23rd October 2001 for historical research
15In this Part of this Schedule “the relevant conditions” has...
16(1) Eligible manual data which are processed only for the...
17(1) After 23rd October 2001 eligible automated data which are...
18For the purposes of this Part of this Schedule personal...
Part VExemption from section 22
19Processing which was already under way immediately before 24th October...
SCHEDULE 9Powers of entry and inspection
Issue of warrants
1(1) If a circuit judge is satisfied by information on...
2(1) A judge shall not issue a warrant under this...
3A judge who issues a warrant under this Schedule shall...
Execution of warrants
4A person executing a warrant issued under this Schedule may...
5A warrant issued under this Schedule shall be executed at...
6If the person who occupies the premises in respect of...
7(1) A person seizing anything in pursuance of a warrant...
Matters exempt from inspection and seizure
8The powers of inspection and seizure conferred by a warrant...
9(1) Subject to the provisions of this paragraph, the powers...
10If the person in occupation of any premises in respect...
Return of warrants
11A warrant issued under this Schedule shall be returned to...
Offences
12Any person who— (a) intentionally obstructs a person in the...
Vessels, vehicles etc.
13In this Schedule “premises” includes any vessel, vehicle, aircraft or...
Scotland and Northern Ireland
14In the application of this Schedule to Scotland—
15In the application of this Schedule to Northern Ireland—
SCHEDULE 10Further provisions relating to assistance under section 53
1In this Schedule “applicant” and “proceedings” have the same meaning...
2The assistance provided under section 53 may include the making...
3Where assistance is provided with respect to the conduct of...
4Where the Commissioner provides assistance in relation to any proceedings,...
5In England and Wales or Northern Ireland, the recovery of...
6In Scotland, the recovery of such expenses (as taxed or...
SCHEDULE 11Educational records
Meaning of “educational record”
1For the purposes of section 68 “educational record” means any...
England and Wales
2This paragraph applies to any record of information which—
3The schools referred to in paragraph 2(a) are—
4The persons referred to in paragraph 2(c) are—
Scotland
5This paragraph applies to any record of information which is...
6For the purposes of paragraph 5— (a) “education authority” means...
Northern Ireland
7(1) This paragraph applies to any record of information which—...
8The persons referred to in paragraph 7(1) are—
England and Wales: transitory provisions
9(1) Until the appointed day within the meaning of section...
SCHEDULE 12Accessible public records
Meaning of “accessible public record”
1For the purposes of section 68 “accessible public record” means...
Housing and social services records: England and Wales
2The following is the Table referred to in paragraph 1(a)....
3(1) The following provisions apply for the interpretation of the...
Housing and social services records: Scotland
4The following is the Table referred to in paragraph 1(b)....
5(1) The following provisions apply for the interpretation of the...
Housing and social services records: Northern Ireland
6The following is the Table referred to in paragraph 1(c)....
7(1) This paragraph applies for the interpretation of the Table...
SCHEDULE 13Modifications of Act having effect before 24th October 2007
1After section 12 there is inserted— Rights of data subjects...
2In section 32— (a) in subsection (2) after “section 12”...
3In section 34 for “section 14(1) to (3)” there is...
4In section 53(1) after “12(8)” there is inserted “, 12A(3)”....
5In paragraph 8 of Part II of Schedule 1, the...
SCHEDULE 14Transitional provisions and savings
Interpretation
1In this Schedule— “the 1984 Act” means the Data Protection...
Effect of registration under Part II of 1984 Act
2(1) Subject to sub-paragraphs (4) and (5) any person who,...
Rights of data subjects
3(1) The repeal of section 21 of the 1984 Act...
4The repeal of section 22 of the 1984 Act (compensation...
5The repeal of section 24 of the 1984 Act (rectification...
6Subsection (3)(b) of section 14 does not apply where the...
Enforcement and transfer prohibition notices served under Part V of 1984 Act
7(1) If, immediately before the commencement of section 40—
8(1) If, immediately before the commencement of section 40—
Notices under new law relating to matters in relation to which 1984 Act had effect
9The Commissioner may serve an enforcement notice under section 40...
10Subsection (5)(b) of section 40 does not apply where the...
11The Commissioner may serve an information notice under section 43...
12Where by virtue of paragraph 11 an information notice is...
Self-incrimination, etc.
13(1) In section 43(8), section 44(9) and paragraph 11 of...
Warrants issued under 1984 Act
14The repeal of Schedule 4 to the 1984 Act does...
Complaints under section 36(2) of 1984 Act and requests for assessment under section 42
15The repeal of section 36(2) of the 1984 Act does...
16In dealing with a complaint under section 36(2) of the...
Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation
17(1) The repeal of any provision of the Access to...
18(1) The revocation of any provision of the Access to...
Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation
19(1) The repeal of the personal files enactments does not...
Applications under section 158 of Consumer Credit Act 1974
20Section 62 does not affect the application of section 158...
SCHEDULE 15Minor and consequential amendments
Public Records Act 1958 (c. 51)
1(1) In Part II of the Table in paragraph 3...
Parliamentary Commissioner Act 1967 (c. 13)
2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
3In Schedule 4 to that Act (tribunals exercising administrative functions),...
Superannuation Act 1972 (c. 11)
4In Schedule 1 to the Superannuation Act 1972, for “Data...
House of Commons Disqualification Act 1975 (c. 24)
5(1) Part II of Schedule 1 to the House of...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6(1) Part II of Schedule 1 to the Northern Ireland...
Representation of the People Act 1983 (c. 2)
7In Schedule 2 of the Representation of the People Act...
Access to Medical Reports Act 1988 (c. 28)
8In section 2(1) of the Access to Medical Reports Act...
Football Spectators Act 1989 (c. 37)
9(1) Section 5 of the Football Spectators Act 1989 (national...
Education (Student Loans) Act 1990 (c. 6)
10Schedule 2 to the Education (Student Loans) Act 1990 (loans...
Access to Health Records Act 1990 (c. 23)
11For section 2 of the Access to Health Records Act...
12In section 3(4) of that Act (cases where fee may...
13In section 5(3) of that Act (cases where right of...
Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))
14In Article 4 of the Access to Personal Files and...
15In Article 6(1) of that Order (interpretation), in the definition...
Tribunals and Inquiries Act 1992 (c. 53)
16In Part 1 of Schedule 1 to the Tribunals and...
Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))
17For paragraphs (1) and (2) of Article 4 of the...
18In Article 5(4) of that Order (cases where fee may...
19In Article 7 of that Order (cases where right of...
SCHEDULE 16Repeals and revocations
Part IRepeals
Part IIRevocations

Data Protection Act 1998

1998 c. 29

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.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—