Data Protection Act 2018, Cross Heading: Restriction of Article 15 of the UK GDPR: prior opinion of Principal Reporter is up to date with all changes known to be in force on or before 14 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Textual Amendments
F1Words in Sch. 3 para. 12 cross-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. 93(13) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
12(1)This paragraph applies where—U.K.
(a)a question arises as to whether a controller who is a social work authority is obliged by Article 15(1) to (3) of the [F2UK GDPR] (confirmation of processing, access to data and safeguards for third country transfers) to disclose social work data, and
(b)the data—
(i)originated from or was supplied by 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 [F3UK 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.
(4)In this paragraph “social work authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968.
Textual Amendments
F2Words in Sch. 3 para. 12(1)(a) 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. 93(14) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 3 para. 12(3) 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. 93(14) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
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