PART 7Supplementary and final provision
Representation of data subjects
190Post-review powers to make provision about representation of data subjects
1
After the report under section 189(1) is laid before Parliament, the Secretary of State may by regulations—
a
exercise the powers under Article 80(2) of the GDPR in relation to England and Wales and Northern Ireland,
b
make provision enabling a body or other organisation which meets the conditions in Article 80(1) of the GDPR to exercise a data subject’s rights under Article 82 of the GDPR in England and Wales and Northern Ireland without being authorised to do so by the data subject, and
c
make provision described in section 189(2)(e) in relation to the exercise in England and Wales and Northern Ireland of the rights of a data subject who is a child.
2
The powers under subsection (1) include power—
a
to make provision enabling a data subject to prevent a body or other organisation from exercising, or continuing to exercise, the data subject’s rights;
b
to make provision about proceedings before a court or tribunal where a body or organisation exercises a data subject’s rights;
c
to make provision for bodies or other organisations to bring proceedings before a court or tribunal combining two or more claims in respect of a right of a data subject;
d
to confer functions on a person, including functions involving the exercise of a discretion;
e
to amend sections 166 to 168, 180, 187, 203, 205 and 206;
f
to insert new sections and Schedules into Part 6 or 7 ;
g
to make different provision in relation to England and Wales and in relation to Northern Ireland.
3
The powers under subsection (1)(a) and (b) include power to make provision in relation to data subjects who are children or data subjects who are not children or both.
4
The provision mentioned in subsection (2)(b) and (c) includes provision about—
a
the effect of judgments and orders;
b
agreements to settle claims;
c
the assessment of the amount of compensation;
d
the persons to whom compensation may or must be paid, including compensation not claimed by the data subject;
e
costs.
5
Regulations under this section are subject to the affirmative resolution procedure.