Data Protection Act 2018

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66)

425 (1) Schedule 6 (other contractual terms) is amended as follows.

(2) In paragraph 63(2) (interpretation: general), for “the 1998 Act or any directly applicable EU instrument relating to data protection” substitute “—

(a) the data protection legislation, or

(b) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection.”

(3) For paragraph 64 (meaning of data controller etc.) substitute—

“Meaning of controller etc.

64A For the purposes of this Part—

• “controller” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(6) and (14) of that Act);

• “data protection officer” means a person designated as a data protection officer under the data protection legislation;

• “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).”

(4) In paragraph 65(2)(b) (roles, responsibilities and obligations: general), for “data controllers” substitute “controllers”.

(5) In paragraph 69(2)(a) (processing and access of data), for “the 1998 Act, and any directly applicable EU instrument relating to data protection;” substitute “—

(i) the data protection legislation, and

(ii) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;”.

(6) In paragraph 94(4) (variation of a contract: general)—

(a) omit paragraph (b), and

(b) after paragraph (d) (but before the final “and”) insert—

“(da) the data protection legislation;

(db) any directly applicable EU legislation which is not part of the data protection legislation but which relates to data protection;”.