PART 3

Law enforcement processing
CHAPTER 4

Controller and processor

Codes of conduct

Codes of conduct
71A
1
The Commissioner must encourage expert public bodies to produce codes of conduct intended to contribute to compliance with this Part.
2
Under subsection (1), the Commissioner must, among other things, encourage the production of codes which take account of the specific features of the various processing sectors.
3
For the purposes of this section—
a
“
public body
” means a body or other person whose functions are, or include, functions of a public nature, and
b
a public body is “expert” if, in the Commissioner’s opinion, the body has the knowledge and experience needed to produce a code of conduct described in subsection (1).
4
A code of conduct described in subsection (1) may, for example, make provision with regard to—
a
lawful and fair processing;
b
the collection of personal data;
c
the information provided to the public and to data subjects;
d
the exercise of the rights of data subjects;
e
the measures and procedures referred to in sections 56, 57 and 62;
f
the notification of personal data breaches to the Commissioner and the communication of personal data breaches to data subjects;
g
the transfer of personal data to third countries or international organisations;
h
out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing.
5
The Commissioner must encourage expert public bodies to submit codes of conduct described in subsection (1) to the Commissioner in draft.
6
Where an expert public body does so, the Commissioner must—
a
provide the body with an opinion on whether the code correctly reflects the requirements of this Part,
b
decide whether to approve the code, and
c
if the code is approved, register and publish the code.
7
Subsections (5) and (6) apply in relation to amendments of a code of conduct that is for the time being approved under this section as they apply in relation to a code.
S. 71A and cross-heading inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 84(6), 142(1); S.I. 2025/904, reg. 2(d)