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Data Protection Act 1998 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part II Rights of data subjects and others
9. Application of section 7 where data controller is credit reference agency.
10. Right to prevent processing likely to cause damage or distress.
11. Right to prevent processing for purposes of direct marketing.
12A. Rights of data subjects in relation to exempt manual data.
13. Compensation for failure to comply with certain requirements.
Part VI Miscellaneous and General
SCHEDULES
The data protection principles
1.Personal data shall be processed fairly and lawfully and, in...
3.Personal data shall be adequate, relevant and not excessive in...
4.Personal data shall be accurate and, where necessary, kept up...
5.Personal data processed for any purpose or purposes shall not...
6.Personal data shall be processed in accordance with the rights...
7.Appropriate technical and organisational measures shall be taken against unauthorised...
Part II Interpretation of the principles in Part I
Conditions relevant for purposes of the first principle: processing of any personal data
1.The data subject has given his consent to the processing....
2.The processing is necessary— (a) for the performance of a...
3.The processing is necessary for compliance with any legal obligation...
4.The processing is necessary in order to protect the vital...
5.The processing is necessary— (a) for the administration of justice,...
6.(1) The processing is necessary for the purposes of legitimate...
7.The processing is necessary for the purposes of making a...
Conditions relevant for purposes of the first principle: processing of sensitive personal data
2.(1) The processing is necessary for the purposes of exercising...
3.The processing is necessary— (a) in order to protect the...
5.The information contained in the personal data has been made...
6.The processing— (a) is necessary for the purpose of, or...
7.(1) The processing is necessary— (a) for the administration of...
7A.(1) The processing— (a) is either— (i) the disclosure of...
7B.The processing is necessary for the purposes of making a...
8.(1) The processing is necessary for medical purposes and is...
9.(1) The processing— (a) is of sensitive personal data consisting...
10.The personal data are processed in circumstances specified in an...
Cases where the eighth principle does not apply
1.The data subject has given his consent to the transfer....
2.The transfer is necessary— (a) for the performance of a...
4.(1) The transfer is necessary for reasons of substantial public...
6.The transfer is necessary in order to protect the vital...
9.The transfer has been authorised by the Commissioner as being...
Part II Exemptions available before 24th October 2001
Exemption of all eligible automated data from certain requirements
Part III Exemptions available after 23rd October 2001 but before 24th October 2007
Part IV Exemptions after 23rd October 2001 for historical research
Powers of entry and inspection
Further provisions relating to assistance under section 53
1.In this Schedule “applicant” and “proceedings” have the same meaning...
2.The assistance provided under section 53 may include the making...
3.Where assistance is provided with respect to the conduct of...
4.Where the Commissioner provides assistance in relation to any proceedings,...
5.In England and Wales or Northern Ireland, the recovery of...
6.In Scotland, the recovery of such expenses (as taxed or...
Transitional provisions and savings
Enforcement and transfer prohibition notices served under Part V of 1984 Act
Notices under new law relating to matters in relation to which 1984 Act had effect
Complaints under section 36(2) of 1984 Act and requests for assessment under section 42
Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation
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