PART 7

Supplementary and final provision

Representation of data subjects

Representation of data subjects with their authority
187
1
In relation to the processing of personal data to which the GDPR applies—
a
Article 80(1) of the GDPR (representation of data subjects) enables a data subject to authorise a body or other organisation which meets the conditions set out in that Article to exercise the data subject’s rights under Articles 77, 78 and 79 of the GDPR (rights to lodge complaints and to an effective judicial remedy) on the data subject’s behalf, and
b
a data subject may also authorise such a body or organisation to exercise the data subject’s rights under Article 82 of the GDPR (right to compensation).
2
In relation to the processing of personal data to which the GDPR does not apply, a body or other organisation which meets the conditions in subsections (3) and (4), if authorised to do so by a data subject, may exercise some or all of the following rights of a data subject on the data subject’s behalf—
a
rights under section 165(2), (4)(d) and (6)(c) (complaints to the Commissioner);
b
rights under section 166(2) (orders for the Commissioner to progress complaints);
c
rights under section 167(1) (compliance orders);
d
the right to bring judicial review proceedings against the Commissioner.
3
The first condition is that the body or organisation, by virtue of its constitution or an enactment—
a
is required (after payment of outgoings) to apply the whole of its income and any capital it expends for charitable or public purposes,
b
is prohibited from directly or indirectly distributing amongst its members any part of its assets (otherwise than for charitable or public purposes), and
c
has objectives which are in the public interest.
4
The second condition is that the body or organisation is active in the field of protection of data subjects’ rights and freedoms with regard to the protection of their personal data.
5
In this Act, references to a “representative body”, in relation to a right of a data subject, are to a body or other organisation authorised to exercise the right on the data subject’s behalf under Article 80 of the GDPR or this section.