- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Data Protection Act 1998. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)A person must not, in connection with—
(a)the recruitment of another person as an employee,
(b)the continued employment of another person, or
(c)any contract for the provision of services to him by another person,
require that other person or a third party to supply him with a relevant record or to produce a relevant record to him.
(2)A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record or to produce a relevant record to him.
(3)Subsections (1) and (2) do not apply to a person who shows—
(a)that the imposition of the requirement was required or authorised by or under any enactment, by any rule of law or by the order of a court, or
(b)that in the particular circumstances the imposition of the requirement was justified as being in the public interest.
(4)Having regard to the provisions of Part V of the M1Police Act 1997 (certificates of criminal records etc.), the imposition of the requirement referred to in subsection (1) or (2) is not to be regarded as being justified as being in the public interest on the ground that it would assist in the prevention or detection of crime.
(5)A person who contravenes subsection (1) or (2) is guilty of an offence.
(6)In this section “a relevant record” means any record which—
(a)has been or is to be obtained by a data subject from any data controller specified in the first column of the Table below in the exercise of the right conferred by section 7, and
(b)contains information relating to any matter specified in relation to that data controller in the second column,
and includes a copy of such a record or a part of such a record.
1. Any of the following persons—
(a) a chief officer of police of a police force in England and Wales.
(b) a chief constable of a police force in Scotland.
(c) the Chief Constable of the Royal Ulster Constabulary.
[F1(d) the Director General of the Serious Organised Crime Agency.]
|2. The Secretary of State.|
(c) His functions under [F2section 92 of the Powers of Criminal Courts (Sentencing) Act 2000], section 205(2) or 208 of the Criminal Procedure (Scotland) Act 1995 or section 73 of the Children and Young Persons Act (Northern Ireland) 1968 in relation to any person sentenced to detention.
(d) His functions under the Prison Act 1952, the Prisons (Scotland) Act 1989 or the Prison Act (Northern Ireland) 1953 in relation to any person imprisoned or detained.
(e) His functions under the Social Security Contributions and Benefits Act 1992, the Social Security Administration Act 1992 [F3, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007].
(f) His functions under Part V of the Police Act 1997.
|3. The Department of Health and Social Services for Northern Ireland.||Its functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 [F6, the Jobseekers (Northern Ireland) Order 1995 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.].|
|[F7 4. The [F8Independent Safeguarding Authority]||Its functions under the Safeguarding Vulnerable Groups Act 2006 ][F5or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007] .|
|[F95. The Scottish Ministers.||Their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]|
[F10(6A)A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (e) of the definition of “data” in section 1(1).]
(7)In the Table in subsection (6)—
“caution” means a caution given to any person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, is admitted;
(8)The [F11 Secretary of State] may by order amend—
(a)the Table in subsection (6), and
(9)For the purposes of this section a record which states that a data controller is not processing any personal data relating to a particular matter shall be taken to be a record containing information relating to that matter.
(10)In this section “employee” means an individual who—
(a)works under a contract of employment, as defined by section 230(2) of the M4Employment Rights Act 1996, or
(b)holds any office,
whether or not he is entitled to remuneration; and “employment” shall be construed accordingly.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
(1)Any term or condition of a contract is void in so far as it purports to require an individual—
(a)to supply any other person with a record to which this section applies, or with a copy of such a record or a part of such a record, or
(b)to produce to any other person such a record, copy or part.
(2)This section applies to any record which—
(a)has been or is to be obtained by a data subject in the exercise of the right conferred by section 7, and
(b)consists of the information contained in any health record as defined by section 68(2).
The Whole Act 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 Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.