SCHEDULE 2Amendments of the Data Protection Act 2018

I192

1

Schedule 2 is amended as follows.

2

In the heading, for “GDPR” substitute “ UK GDPR ”.

3

In the heading of Part 1, for “based on” substitute “ as described in ”.

4

In the italic heading before paragraph 1, for “GDPR” (in the first place) substitute “ UK GDPR ”.

5

In paragraph 1—

a

in sub-paragraph (a), for “GDPR” (in both places) substitute “ UK GDPR ”;

b

in sub-paragraph (b), for “GDPR” (in both places) substitute “ UK GDPR ”.

6

In paragraph 2—

a

in sub-paragraph (1), for “GDPR” (in the second place) substitute “ UK GDPR ”;

b

in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”.

7

In paragraph 3—

a

in sub-paragraph (1), for “GDPR” substitute “ UK GDPR ”;

b

in sub-paragraph (3), for “GDPR” (in each place) substitute “ UK GDPR ”.

8

In paragraph 4—

a

in sub-paragraph (1), for “GDPR” substitute “ UK GDPR ”;

b

in sub-paragraph (2), in the opening words (but not the words following paragraph (g)), for “GDPR” (in each place) substitute “ UK GDPR ”;

c

in sub-paragraph (4), for “GDPR” substitute “ UK GDPR ”.

9

In the heading of Part 2, for “based on” substitute “ as described in ”.

10

In the italic heading before paragraph 6, for “GDPR” (in the first place) substitute “ UK GDPR ”.

11

In paragraph 6, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

12

In paragraph 13, for “GDPR” (in the second place) substitute “ UK GDPR ”.

13

In the heading of Part 3, for “based on Article 23(1):” substitute “ for the ”.

14

In paragraph 16(1), for “GDPR” (in both places) substitute “ UK GDPR ”.

15

In the heading of Part 4, for “based on” substitute “ as described in ”.

16

In the italic heading before paragraph 18, for “GDPR” (in the first place) substitute “ UK GDPR ”.

17

In paragraph 18, for “GDPR” (in the second and third places) substitute “ UK GDPR ”.

18

In paragraph 20(3), for “GDPR” substitute “ UK GDPR ”.

19

In paragraph 25—

a

in sub-paragraph (2), for “GDPR” (in both places) substitute “ UK GDPR ”;

b

in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”.

20

In the heading of Part 5, omit “based on Article 85(2)”.

21

In paragraph 26(9)—

a

in the opening words, for “GDPR” (in the second and third places) substitute “ UK GDPR ”;

b

in paragraphs (a), (b), (c) and (d), for “GDPR” substitute “ UK GDPR ”;

c

omit paragraph (e).

22

In the heading of Part 6, omit “based on Article 89”.

23

In paragraph 27—

a

in sub-paragraph (1), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (4) ”;

b

in sub-paragraph (2), for “GDPR (the rights in which may be derogated from by virtue of Article 89(2) of the GDPR)” substitute “ UK GDPR ”;

c

in sub-paragraph (3)(a), for “GDPR” substitute “ UK GDPR ”;

d

after sub-paragraph (3) insert—

4

Where processing for a purpose described in sub-paragraph (1) serves at the same time another purpose, the exemption in sub-paragraph (1) is available only where the personal data is processed for a purpose referred to in that sub-paragraph.

24

In paragraph 28—

a

in sub-paragraph (1), for “sub-paragraph (3)” substitute “ sub-paragraphs (3) and (4) ”;

b

in sub-paragraph (2), for “GDPR (the rights in which may be derogated from by virtue of Article 89(3) of the GDPR)” substitute “ UK GDPR ”;

c

in sub-paragraph (3), for “GDPR” substitute “ UK GDPR ”;

d

after sub-paragraph (3) insert—

4

Where processing for a purpose described in sub-paragraph (1) serves at the same time another purpose, the exemption in sub-paragraph (1) is available only where the personal data is processed for a purpose referred to in that sub-paragraph.