PART 7Supplementary and final provision

Framework for Data Processing by Government

194Effect of the Framework

(1)

When carrying out processing of personal data which is the subject of a document issued under section 192(3) which is for the time being in force, a person must have regard to the document.

(2)

A failure to act in accordance with a provision of such a document does not of itself make a person liable to legal proceedings in a court or tribunal.

(3)

A document issued under section 192(3), including an amendment or replacement document, is admissible in evidence in legal proceedings.

(4)

In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of any document issued under section 192(3) in determining a question arising in the proceedings if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the court or tribunal to be relevant to the question.

(5)

In determining a question arising in connection with the carrying out of any of the Commissioner's functions, the Commissioner must take into account a provision of a document issued under section 192(3) if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the Commissioner to be relevant to the question.