Data Protection Act 2018

Restriction of Article 15 of the GDPR: prior opinion of Principal Reporter

20 (1) This paragraph applies where—

(a) a question arises as to whether a controller who is an education authority is obliged by Article 15(1) to (3) of the GDPR (confirmation of processing, access to data and safeguards for third country transfers) to disclose education data, and

(b) the controller believes that the data—

(i) originated from or was supplied by or on behalf of the Principal Reporter acting in pursuance of the Principal Reporter’s statutory duties, and

(ii) is not data which the data subject is entitled to receive from the Principal Reporter.

(2) The controller must inform the Principal Reporter of the fact that the question has arisen before the end of the period of 14 days beginning when the question arises.

(3) Article 15(1) to (3) of the GDPR (confirmation of processing, access to data and safeguards for third country transfers) do not permit the controller to disclose the data to the data subject unless the Principal Reporter has informed the controller that, in the opinion of the Principal Reporter, the serious harm test is not met with respect to the data.