Under section 30(3) of the Data Protection Act 1998, the Secretary of State may modify provisions in the Act relating to personal data about health or condition processed by government departments and certain other bodies from the application of the subject information provisions when compliance would be likely to prejudice the carrying out of social work.
This Order amends the Data Protection (Subject Access Modification) (Social Work) Order 2000 (S.I. 2000/415) so that the Welsh Ministers and Welsh family proceedings officers are given a partial exemption from the subject information provisions in relation to certain data processed by them. The Children and Family Court Advisory and Support Service in Wales (known as CAFCASS Cymru) was a functional division of the National Assembly for Wales, and was in error not included in Schedule 1 to the Data Protection (Subject Access Modification) (Social Work) Order 2000 when that Order was amended by the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 (S.I. 2005/467). This Order therefore adds the Welsh Ministers and Welsh family proceedings officers to the list of bodies in paragraph 1 of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000.