Search Legislation

Data Protection Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this cross heading contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Data Protection Act 2018, Cross Heading: Guidance. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

GuidanceE+W+S+N.I.

160Guidance about regulatory actionE+W+S+N.I.

(1)The Commissioner must produce and publish guidance about how the Commissioner proposes to exercise the Commissioner's functions in connection with—

(a)information notices,

(b)assessment notices,

(c)enforcement notices, and

(d)penalty notices.

(2)The Commissioner may produce and publish guidance about how the Commissioner proposes to exercise the Commissioner's other functions under this Part.

(3)In relation to information notices, the guidance must include—

(a)provision specifying factors to be considered in determining the time at which, or the period within which, information is to be required to be provided;

(b)provision about the circumstances in which the Commissioner would consider it appropriate to give an information notice to a person in reliance on section 142(7) (urgent cases);

(c)provision about how the Commissioner will determine how to proceed if a person does not comply with an information notice.

(4)In relation to assessment notices, the guidance must include—

(a)provision specifying factors to be considered in determining whether to give an assessment notice to a person;

(b)provision about the circumstances in which the Commissioner would consider it appropriate to give an assessment notice in reliance on section 146(8) or (9) (urgent cases);

(c)provision specifying descriptions of documents or information that—

(i)are not to be examined or inspected in accordance with an assessment notice, or

(ii)are to be so examined or inspected only by a person of a description specified in the guidance;

(d)provision about the nature of inspections and examinations carried out in accordance with an assessment notice;

(e)provision about the nature of interviews carried out in accordance with an assessment notice;

(f)provision about the preparation, issuing and publication by the Commissioner of assessment reports in respect of controllers and processors that have been given assessment notices;

(g)provision about how the Commissioner will determine how to proceed if a person does not comply with an assessment notice.

(5)The guidance produced in accordance with subsection (4)(c) must include provisions that relate to—

(a)documents and information concerning an individual's physical or mental health;

(b)documents and information concerning the provision of social care for an individual.

(6)In relation to enforcement notices, the guidance must include—

(a)provision specifying factors to be considered in determining whether to give an enforcement notice to a person;

(b)provision about the circumstances in which the Commissioner would consider it appropriate to give an enforcement notice to a person in reliance on section 150(8) (urgent cases);

(c)provision about how the Commissioner will determine how to proceed if a person does not comply with an enforcement notice.

(7)In relation to penalty notices, the guidance must include—

(a)provision about the circumstances in which the Commissioner would consider it appropriate to issue a penalty notice;

(b)provision about the circumstances in which the Commissioner would consider it appropriate to allow a person to make oral representations about the Commissioner's intention to give the person a penalty notice;

(c)provision explaining how the Commissioner will determine the amount of penalties;

(d)provision about how the Commissioner will determine how to proceed if a person does not comply with a penalty notice.

(8)The Commissioner—

(a)may alter or replace guidance produced under this section, and

(b)must publish any altered or replacement guidance.

(9)Before producing guidance under this section (including any altered or replacement guidance), the Commissioner must consult—

(a)the Secretary of State, and

(b)such other persons as the Commissioner considers appropriate.

(10)Section 161 applies in relation to the first guidance under subsection (1).

(11)The Commissioner must arrange for other guidance under this section (including any altered or replacement guidance) to be laid before Parliament.

(12)In this section, “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).

161Approval of first guidance about regulatory actionE+W+S+N.I.

(1)When the first guidance is produced under section 160(1)—

(a)the Commissioner must submit the final version to the Secretary of State, and

(b)the Secretary of State must lay the guidance before Parliament.

(2)If, within the 40-day period, either House of Parliament resolves not to approve the guidance—

(a)the Commissioner must not issue the guidance, and

(b)the Commissioner must produce another version of the guidance (and this section applies to that version).

(3)If, within the 40-day period, no such resolution is made—

(a)the Commissioner must issue the guidance, and

(b)the guidance comes into force at the end of the period of 21 days beginning with the day on which it is issued.

(4)Nothing in subsection (2)(a) prevents another version of the guidance being laid before Parliament.

(5)In this section, “the 40-day period” means—

(a)if the guidance is laid before both Houses of Parliament on the same day, the period of 40 days beginning with that day, or

(b)if the guidance is laid before the Houses of Parliament on different days, the period of 40 days beginning with the later of those days.

(6)In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

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

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.

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