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Data Protection Act 1998

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70 Supplementary definitions.E+W+S+N.I.

(1)In this Act, unless the context otherwise requires—

  • business” includes any trade or profession;

  • the Commissioner” means [F1 the Information Commissioner];

  • credit reference agency” has the same meaning as in the M1Consumer Credit Act 1974;

  • the Data Protection Directive” means Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;

  • EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

  • enactment” includes an enactment passed after this Act [F2and any enactment comprised in, or in any instrument made under, an Act of the Scottish Parliament];

  • [F3government department”includes—

    (a)

    any part of the Scottish Administration;

    (b)

    a Northern Ireland department;

    (c)

    the Welsh Assembly Government;

    (d)

    any body or authority exercising statutory functions on behalf of the Crown.]

  • Minister of the Crown” has the same meaning as in the Ministers of the M2Crown Act 1975;

  • public register” means any register which pursuant to a requirement imposed—

    (a)

    by or under any enactment, or

    (b)

    in pursuance of any international agreement,

    is open to public inspection or open to inspection by any person having a legitimate interest;

  • pupil”—

    (a)

    in relation to a school in England and Wales, means a registered pupil within the meaning of the M3Education Act 1996,

    (b)

    in relation to a school in Scotland, means a pupil within the meaning of the M4Education (Scotland) Act 1980, and

    (c)

    in relation to a school in Northern Ireland, means a registered pupil within the meaning of the M5Education and Libraries (Northern Ireland) Order 1986;

  • recipient”, in relation to any personal data, means any person to whom the data are disclosed, including any person (such as an employee or agent of the data controller, a data processor or an employee or agent of a data processor) to whom they are disclosed in the course of processing the data for the data controller, but does not include any person to whom disclosure is or may be made as a result of, or with a view to, a particular inquiry by or on behalf of that person made in the exercise of any power conferred by law;

  • registered company” means a company registered under the enactments relating to companies for the time being in force in the United Kingdom;

  • school”—

    (a)

    in relation to England and Wales, has the same meaning as in the Education Act 1996,

    (b)

    in relation to Scotland, has the same meaning as in the Education (Scotland) Act 1980, and

    (c)

    in relation to Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986;

  • teacher” includes—

    (a)

    in Great Britain, head teacher, and

    (b)

    in Northern Ireland, the principal of a school;

  • third party”, in relation to personal data, means any person other than—

    (a)

    the data subject,

    (b)

    the data controller, or

    (c)

    any data processor or other person authorised to process data for the data controller or processor;

  • [F4the Tribunal”, in relation to any appeal under this Act, means—

    (a)

    the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or

    (b)

    the First-tier Tribunal, in any other case;]

(2)For the purposes of this Act data are inaccurate if they are incorrect or misleading as to any matter of fact.

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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.

Amendments (Textual)

F1Words in s. 70(1) substituted (30.1.2001) by 2000 c. 36, ss. 18(4), 87(2)(c), Sch. 2 Pt. I para. 14(a) (with ss. 7(1)(7), 56, 78)

F2Words inserted (1.7.1999) in definition of “enactment” in s. 70(1) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 133; S.I. 1999/3178, art. 3

F3S. 70(1): the definition of "government department" substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 175, 182, Sch. 20 para. 7 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 19

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