Data (Use and Access) Act 2025

72 Processing in reliance on relevant international law U.K.

(1) The UK GDPR is amended in accordance with subsections (2) to (5).

(2) In Article 6(3) (lawfulness of processing: basis in domestic law)—

(a) in the first subparagraph, omit “and (e)”,

(b) after that subparagraph insert—

“The basis for the processing referred to in point (e) of paragraph 1 must be laid down by domestic law or relevant international law (see section 9A of the 2018 Act).”, and

(c) in the last subparagraph, in the last sentence, after “domestic law” insert “or relevant international law”.

(3) In Article 8A(3)(e) (purpose limitation: further processing necessary to safeguard an objective listed in Article 23(1)) (inserted by section 71 of this Act), at the end insert “or by relevant international law (see section 9A of the 2018 Act)”.

(4) In Article 9 (processing of special categories of personal data)—

(a) in paragraph 2(g) (substantial public interest), after “domestic law” insert “, or relevant international law,”, and

(b) in paragraph 5, before point (a) insert—

“(za) section 9A makes provision about when the requirement in paragraph 2(g) of this Article for a basis in relevant international law is met;”.

(5) In Article 10 (processing of personal data relating to criminal convictions and offences)—

(a) in paragraph 1, after “domestic law” insert “, or relevant international law,”, and

(b) in paragraph 2, before point (a) insert—

“(za) section 9A makes provision about when the requirement in paragraph 1 of this Article for authorisation by relevant international law is met;”.

(6) The 2018 Act is amended in accordance with subsections (7) and (8).

(7) Before section 10 (and the italic heading before that section) insert—

“Relevant international law U.K.

9A Processing in reliance on relevant international law

(1) Processing of personal data meets the requirement in Article 6(3), 8A(3)(e), 9(2)(g) or 10(1) of the UK GDPR for a basis in, or authorisation by, relevant international law only if it meets a condition in Schedule A1.

(2) A condition in Schedule A1 may be relied on for the purposes of any of those provisions, unless that Schedule provides otherwise.

(3) The Secretary of State may by regulations amend Schedule A1 by adding, varying or omitting—

(a) conditions,

(b) provision about the purposes for which a condition may be relied on, and

(c) safeguards in connection with processing carried out in reliance on a condition in the Schedule.

(4) Regulations under this section may only add a condition relating entirely or partly to a treaty ratified by the United Kingdom.

(5) Regulations under this section are subject to the affirmative resolution procedure.

(6) In this section, “treaty” and “ratified” have the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).”

(8) Before Schedule 1 insert—

Section 9A

“Schedule A1 U.K. Processing in reliance on relevant international law

This condition is met where the processing is necessary for the purposes of responding to a request made in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime, signed on 3 October 2019.”

Commencement Information

I1 S. 72 in force at Royal Assent for specified purposes, see s. 142(1)(2)(h)