PART 7Supplementary and final provision

F1Prohibitions and restrictions etc on processing

183AProtection of prohibitions and restrictions etc on processing: relevant enactments

(1)

A relevant enactment or rule of law which imposes a duty, or confers a power, to process personal data does not override a requirement under the main data protection legislation relating to the processing of personal data.

(2)

Subsection (1) does not apply—

(a)

to a relevant enactment forming part of the main data protection legislation, or

(b)

to the extent that an enactment makes express provision to the contrary referring to this section or to the main data protection legislation (or a provision of that legislation).

(3)

Subsection (1) does not prevent a duty or power to process personal data from being taken into account for the purpose of determining whether it is possible to rely on an exception to a requirement under the main data protection legislation that is available where there is such a duty or power.

(4)

In this section—

“the main data protection legislation” means the data protection legislation other than provision of or made under—

(a)

Chapter 6 or 8 of the UK GDPR, or

(b)

Parts 5 to 7 of this Act;

“relevant enactment” means an enactment so far as passed or made on or after the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force;

“requirement” includes a prohibition or restriction.

(5)

The reference in subsection (1) to an enactment or rule of law which imposes a duty, or confers a power, to process personal data is a reference to an enactment or rule of law which, directly or indirectly, requires or authorises the processing of personal data, including (for example)—

(a)

by authorising one person to require another person to process personal data, or

(b)

by removing restrictions on processing personal data,

and the references in subsection (3) to a duty or power are to be read accordingly.