PART 7

Supplementary and final provision

Framework for Data Processing by Government

Effect of the Framework
194
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.
S. 194 in force at 23.7.2018 by S.I. 2018/625, reg. 3(k)
Pt. 7 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))