Part VII Amendments of Data Protection Act 1998

Amendments relating to personal information held by public authorities

I168 Extension of meaning of “data”.

1

Section 1 of the M1Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

2

In subsection (1)—

a

in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is inserted

or

e

is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);

b

after the definition of “processing” there is inserted—

“public authority” has the same meaning as in the Freedom of Information Act 2000;

3

After subsection (4) there is inserted—

5

In paragraph (e) of the definition of “data” in subsection (1), the reference to information “held” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000.

6

Where section 7 of the Freedom of Information Act 2000 prevents Parts I to V of that Act from applying to certain information held by a public authority, that information is not to be treated for the purposes of paragraph (e) of the definition of “data” in subsection (1) as held by a public authority.

4

In section 56 of that Act (prohibition of requirement as to production of certain records), after subsection (6) there is inserted—

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).

5

In the Table in section 71 of that Act (index of defined expressions) after the entry relating to processing there is inserted—

public authority

section 1(1).