http://www.legislation.gov.uk/id/ukpga/2012/9

http://www.legislation.gov.uk/ukpga/2012/9/section/106

Protection of Freedoms Act 2012

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

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Statute Law Database

2024-04-08

Expert Participation

2023-12-20

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

art. 2-9

Protection of Freedoms Act 2012

Sch. 1

para. 7A

Counter-Terrorism and Border Security Act 2019

Sch. 2

para. 20

s. 27(2)(b)

Protection of Freedoms Act 2012

specified provision(s)

The Protection of Freedoms Act 2012 (Commencement No. 3) (Amendment) Order 2014

art. 2(2)

art. 1

Part 6Freedom of information and data protection

The Information Commissioner

I1106Alteration of role of Secretary of State in relation to guidance powers

1

For section 41C(7) of the Data Protection Act 1998 (code of practice about assessment notices: requirement for approval of Secretary of State) substitute—

7
The Commissioner must consult the Secretary of State before issuing the code (or an altered or replacement code).

2

In section 52B of that Act (data-sharing code: approval by the Secretary of State)—

a

for subsections (1) to (3) substitute—

1
When a code is prepared under section 52A, the Commissioner must—
a
consult the Secretary of State, and
b
submit the final version of the code to the Secretary of State.
2
The Secretary of State must lay the code before Parliament.”, and

b

in subsection (6) for the words from the beginning to “the Commissioner” substitute “ Where such a resolution is passed, the Commissioner ”.

3

For section 55C(5) of that Act (guidance about monetary penalty notices: requirement for approval of Secretary of State) substitute—

5
The Commissioner must consult the Secretary of State before issuing any guidance under this section.