Part 5Data protection and privacy

Chapter 1Data protection

Protection of prohibitions, restrictions and data subject’s rights

106Protection of prohibitions, restrictions and data subject’s rights

(1)

The 2018 Act is amended in accordance with subsections (2) to (5).

(2)

After section 183 insert—

“Prohibitions 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.”

(3)

Before section 184 (and the italic heading before it) insert—

“183BProtection of prohibitions and restrictions etc on processing: other enactments

(1)

This section is about the relationship between—

(a)

a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and

(b)

a provision of the main data protection legislation containing a requirement relating to the processing of personal data.

(2)

The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act).

(3)

Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship.

(4)

Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another.

(5)

In this section—

(a)

“the main data protection legislation” and “requirement” have the same meaning as in section 183A, and

(b)

“pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force.

(6)

Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1).”

(4)

In section 186 (data subject’s rights and other prohibitions and restrictions)—

(a)

for the heading substitute “Protection of data subject’s rights”,

(b)

in subsection (1) omit “, except as provided by or under the provisions listed in subsection (3)”,

(c)

after subsection (2) insert—

“(2A)

Subsection (1) does not apply—

(a)

to an enactment contained in, or made under, a provision listed in subsection (2),

(b)

to an enactment contained in, or made under, a provision listed in subsection (3),

(c)

to the extent that an enactment makes express provision to the contrary referring to this section or to a provision listed in subsection (2), or

(d)

to the extent that subsection (1) is disapplied by section 186A(3).”, and

(d)

in subsection (3)—

(i)

for “provisions providing exceptions” substitute “provisions referred to in subsection (2A)(b)”, and

(ii)

omit paragraph (c) (and the “and” after it).

(5)

After section 186 insert—

“186AProtection of data subject’s rights: further provision

(1)

This section is about the relationship between—

(a)

a pre-commencement enactment which prohibits or restricts the disclosure of information or authorises the withholding of information, and

(b)

a provision of the UK GDPR or this Act listed in section 186(2).

(2)

The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act).

(3)

Subsection (1) of section 186 does not apply to the relationship so far as there is a contrary intention, whether express or implied (taking account of, among other things, subsection (2) of this section).

(4)

Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision stating that section 186(1) applies (or with similar effect) is made in connection with one such relationship but not another.

(5)

In this section, “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(4) of the Data (Use and Access) Act 2025 comes into force, other than an enactment contained in, or made under, a provision listed in section 186(2) or (3).”

(6)

In section 5 of the European Union (Withdrawal) Act 2018 (exceptions to savings and incorporation), in subsection (A3)(a)—

(a)

for “section” substitute “sections 183A and”,

(b)

for “(data subject’s rights and other prohibitions and restrictions)” substitute “(protection of prohibitions, restrictions and data subject’s rights)”, and

(c)

at the end insert “(and see also section 183B(3) of that Act)”.

(7)

Subsections (3), (5) and (6)(c) are to be treated as having come into force on 1 January 2024.