Data Protection Act 2018 (c. 12)

PART 6 U.K. Enforcement

Jurisdiction of courts U.K.

180 Jurisdiction U.K.

(1) The jurisdiction conferred on a court by the provisions listed in subsection (2) is exercisable—

(a) in England and Wales, by the High Court or the county court,

(b) in Northern Ireland, by the High Court or a county court, and

(c) in Scotland, by the Court of Session or the sheriff,

subject to subsections (3) and (4).

(2) Those provisions are—

(a) section 145 (information orders);

(b) section 152 (enforcement notices and processing for the special purposes);

(c) section 156 (penalty notices and processing for the special purposes);

(d) section 167 and Article 79 of the [F1 UK GDPR] (compliance orders);

(e) sections 168 and 169 and Article 82 of the [F2 UK GDPR] (compensation).

(3) In relation to the processing of personal data to which Part 4 applies, the jurisdiction conferred by the provisions listed in subsection (2) is exercisable only by the High Court or, in Scotland, the Court of Session.

(4) In relation to an information notice which contains a statement under section 142(7), the jurisdiction conferred on a court by section 145 is exercisable only by the High Court or, in Scotland, the Court of Session.

(5) The jurisdiction conferred on a court by section 164 (applications in respect of urgent notices) is exercisable only by the High Court or, in Scotland, the Court of Session.

Textual Amendments

F1 Words in s. 180(2)(d) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 75 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 180(2)(e) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 75 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)