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Textual Amendments
F1Words in Sch. 2 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 92(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F2Words in Sch. 2 Pt. 2 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 92(9) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
11U.K.The listed GDPR provisions do not apply to personal data processed for the purposes of discharging a function that—
(a)is a function of a person described in column 1 of the Table, and
(b)is conferred on that person as described in column 2 of the Table,
to the extent that the application of those provisions would be likely to prejudice the proper discharge of the function.
Person on whom function is conferred | How function is conferred |
---|---|
1. The Commissioner. | By or under— (a) the data protection legislation; (b) the Freedom of Information Act 2000; (c) section 244 of the Investigatory Powers Act 2016; (d) the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426); (e) the Environmental Information Regulations 2004 (S.I. 2004/3391); (f) the INSPIRE Regulations 2009 (S.I. 2009/3157); (g) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC; (h) the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415); (i) the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696). |
2. The Scottish Information Commissioner. | By or under— (a) the Freedom of Information (Scotland) Act 2002 (asp 13); (b) the Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520); (c) the INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440). |
3. The Pensions Ombudsman. | By or under Part 10 of the Pension Schemes Act 1993 or any corresponding legislation having equivalent effect in Northern Ireland. |
4. The Board of the Pension Protection Fund. | By or under sections 206 to 208 of the Pensions Act 2004 or any corresponding legislation having equivalent effect in Northern Ireland. |
5. The Ombudsman for the Board of the Pension Protection Fund. | By or under any of sections 209 to 218 or 286(1) of the Pensions Act 2004 or any corresponding legislation having equivalent effect in Northern Ireland. |
6. The Pensions Regulator. | By an enactment. |
7. The Financial Conduct Authority. | By or under the Financial Services and Markets Act 2000 or by another enactment. |
8. The Financial Ombudsman. | By or under Part 16 of the Financial Services and Markets Act 2000. |
9. The investigator of complaints against the financial regulators. | By or under Part 6 of the Financial Services Act 2012. |
F3. . . | F3. . . |
11. The monitoring officer of a relevant authority. | By or under the Local Government and Housing Act 1989. |
12. The monitoring officer of a relevant Welsh authority. | By or under the Local Government Act 2000. |
13. The Public Services Ombudsman for Wales. | By or under the Local Government Act 2000. |
14. The Charity Commission. | By or under— (a) the Charities Act 1992; (b) the Charities Act 2006; (c) the Charities Act 2011. |
Textual Amendments
F3Words in Sch. 2 para. 11 table omitted (31.12.2020) by virtue of The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 5(a); 2020 c. 1, Sch. 5 para. 1(1)
Modifications etc. (not altering text)
C1Sch. 2 para. 11 table modified (28.1.2021 for specified purposes, 30.7.2022 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2021 (S.I. 2021/90), arts. 1(2)(3), 15(2)