Data Protection Act 2018

Relevant records relating to a conviction or caution U.K.

3 (1) “Relevant record relating to a conviction or caution” means a record which— U.K.

(a) has been or is to be obtained by a data subject in the exercise of a data subject access right from a person listed in sub-paragraph (2), and

(b) contains information relating to a conviction or caution.

(2) Those persons are—

(a) the chief constable of a police force maintained under section 2 of the Police Act 1996;

(b) the Commissioner of Police of the Metropolis;

(c) the Commissioner of Police for the City of London;

(d) the Chief Constable of the Police Service of Northern Ireland;

(e) the chief constable of the Police Service of Scotland;

(f) the Director General of the National Crime Agency;

[F1 (fa) the Independent Commission for Reconciliation and Information Recovery;]

(g) the Secretary of State.

(3) In this paragraph—

• “caution” means a caution given to a person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, is admitted;

• “conviction” has the same meaning as in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).

Textual Amendments

F1 Sch. 18 para. 3(2)(fa) inserted (1.12.2023) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 13 para. 10 (with s. 61); S.I. 2023/1293, reg. 2(k)