Search Legislation

Data Protection Act 2018

Status:

This is the original version (as it was originally enacted).

General functions

115General functions under the GDPR and safeguards

(1)The Commissioner is to be the supervisory authority in the United Kingdom for the purposes of Article 51 of the GDPR.

(2)General functions are conferred on the Commissioner by—

(a)Article 57 of the GDPR (tasks), and

(b)Article 58 of the GDPR (powers),

(and see also the Commissioner’s duty under section 2).

(3)The Commissioner’s functions in relation to the processing of personal data to which the GDPR applies include—

(a)a duty to advise Parliament, the government and other institutions and bodies on legislative and administrative measures relating to the protection of individuals’ rights and freedoms with regard to the processing of personal data, and

(b)a power to issue, on the Commissioner’s own initiative or on request, opinions to Parliament, the government or other institutions and bodies as well as to the public on any issue related to the protection of personal data.

(4)The Commissioner’s functions under Article 58 of the GDPR are subject to the safeguards in subsections (5) to (9).

(5)The Commissioner’s power under Article 58(1)(a) of the GDPR (power to require a controller or processor to provide information that the Commissioner requires for the performance of the Commissioner’s tasks under the GDPR) is exercisable only by giving an information notice under section 142.

(6)The Commissioner’s power under Article 58(1)(b) of the GDPR (power to carry out data protection audits) is exercisable only in accordance with section 146.

(7)The Commissioner’s powers under Article 58(1)(e) and (f) of the GDPR (power to obtain information from controllers and processors and access to their premises) are exercisable only—

(a)in accordance with Schedule 15 (see section 154), or

(b)to the extent that they are exercised in conjunction with the power under Article 58(1)(b) of the GDPR, in accordance with section 146.

(8)The following powers are exercisable only by giving an enforcement notice under section 149—

(a)the Commissioner’s powers under Article 58(2)(c) to (g) and (j) of the GDPR (certain corrective powers);

(b)the Commissioner’s powers under Article 58(2)(h) to order a certification body to withdraw, or not to issue, a certification under Articles 42 and 43 of the GDPR.

(9)The Commissioner’s powers under Articles 58(2)(i) and 83 of the GDPR (administrative fines) are exercisable only by giving a penalty notice under section 155.

(10)This section is without prejudice to other functions conferred on the Commissioner, whether by the GDPR, this Act or otherwise.

116Other general functions

(1)The Commissioner—

(a)is to be the supervisory authority in the United Kingdom for the purposes of Article 41 of the Law Enforcement Directive, and

(b)is to continue to be the designated authority in the United Kingdom for the purposes of Article 13 of the Data Protection Convention.

(2)Schedule 13 confers general functions on the Commissioner in connection with processing to which the GDPR does not apply (and see also the Commissioner’s duty under section 2).

(3)This section and Schedule 13 are without prejudice to other functions conferred on the Commissioner, whether by this Act or otherwise.

117Competence in relation to courts etc

Nothing in this Act permits or requires the Commissioner to exercise functions in relation to the processing of personal data by—

(a)an individual acting in a judicial capacity, or

(b)a court or tribunal acting in its judicial capacity,

(and see also Article 55(3) of the GDPR).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

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?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules 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?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

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?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules 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?

You have chosen to open Schedules only

The Schedules 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?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources