http://www.legislation.gov.uk/ukpga/1998/29/contentsData Protection Act 1998An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information.1998-07-16texttext/xmlenStatute Law Database2011-08-042010-10-06 Blanket amendmentart. 3 6Data Protection Act 1998The Treaty of Lisbon (Changes in Terminology) Order 2011s. 56(6)art. 3(2)Data Protection Act 1998The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011s. 56(6) Tablereg. 4(a)Data Protection Act 1998The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011s. 56(6) Tablereg. 4Data Protection Act 1998The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011s. 75(4A)(a)art. 3(3)(a)Data Protection Act 1998The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011s. 75(4A)(c) and wordart. 3(3)(c)Data Protection Act 1998The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011s. 75(5)reg. 4(b)(i)Data Protection Act 1998The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011s. 75(5A)reg. 4(b)(ii)Data Protection Act 1998The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011specified provision(s) and purposesart. 2commencement order for 1998 c. 29Data Protection Act 1998The Data Protection Act 1998 (Commencement No. 3) Order 2011 Data Protection Act 1998Part I Preliminary1 Basic interpretative provisions.2 Sensitive personal data.3 The special purposes.4 The data protection principles.5 Application of Act.6 The Commissioner ....Part II Rights of data subjects and others7 Right of access to personal data.8 Provisions supplementary to section 7.9 Application of section 7 where data controller is credit reference agency.9A Unstructured personal data held by public authorities.10 Right to prevent processing likely to cause damage or distress.11 Right to prevent processing for purposes of direct marketing.12 Rights in relation to automated decision-taking.12A Rights of data subjects in relation to exempt manual data.13 Compensation for failure to comply with certain requirements.14 Rectification, blocking, erasure and destruction.15 Jurisdiction and procedure.Part III Notification by data controllers16 Preliminary.17 Prohibition on processing without registration.18 Notification by data controllers.19 Register of notifications.20 Duty to notify changes.21 Offences.22 Preliminary assessment by Commissioner.23 Power to make provision for appointment of data protection supervisors.24 Duty of certain data controllers to make certain information available.25 Functions of Commissioner in relation to making of notification regulations.26 Fees regulations.Part IV Exemptions27 Preliminary.28 National security.29 Crime and taxation.30 Health, education and social work.31 Regulatory activity.32 Journalism, literature and art.33 Research, history and statistics.33A Manual data held by public authorities.34 Information available to the public by or under enactment.35 Disclosures required by law or made in connection with legal proceedings etc.35A Parliamentary privilege.36 Domestic purposes.37 Miscellaneous exemptions.38 Powers to make further exemptions by order.39 Transitional relief.Part V Enforcement40 Enforcement notices.41 Cancellation of enforcement notice.41AAssessment notices41BAssessment notices: limitations41CCode of practice about assessment notices42 Request for assessment.43 Information notices.44 Special information notices.45 Determination by Commissioner as to the special purposes.46 Restriction on enforcement in case of processing for the special purposes.47 Failure to comply with notice.48 Rights of appeal.49 Determination of appeals.50 Powers of entry and inspection.Part VI Miscellaneous and General Functions of Commissioner51 General duties of Commissioner.52 Reports and codes of practice to be laid before Parliament.52AData-sharing code52BData-sharing code: procedure52CAlteration or replacement of data-sharing code52DPublication of data-sharing code52EEffect of data-sharing code53 Assistance by Commissioner in cases involving processing for the special purposes.54 International co-operation.54AInspection of overseas information systems Unlawful obtaining etc. of personal data55 Unlawful obtaining etc. of personal data.Monetary penalties55APower of Commissioner to impose monetary penalty55BMonetary penalty notices: procedural rights55CGuidance about monetary penalty notices55DMonetary penalty notices: enforcement55ENotices under sections 55A and 55B: supplemental Records obtained under data subject’s right of access56 Prohibition of requirement as to production of certain records.57 Avoidance of certain contractual terms relating to health records. Information provided to Commissioner or Tribunal58 Disclosure of information.59 Confidentiality of information. General provisions relating to offences60 Prosecutions and penalties.61 Liability of directors etc. Amendments of Consumer Credit Act 197462 Amendments of Consumer Credit Act 1974. General63 Application to Crown.63A Application to Parliament.64 Transmission of notices etc. by electronic or other means.65 Service of notices by Commissioner.66 Exercise of rights in Scotland by children.67 Orders, regulations and rules.68 Meaning of “accessible record”.69 Meaning of “health professional”.70 Supplementary definitions.71 Index of defined expressions.72 Modifications of Act.73 Transitional provisions and savings.74 Minor and consequential amendments and repeals and revocations.75 Short title, commencement and extent. SCHEDULESSCHEDULE 1 The data protection principlesPart I The principles1Personal data shall be processed fairly and lawfully and, in...2Personal data shall be obtained only for one or more...3Personal data shall be adequate, relevant and not excessive in...4Personal data shall be accurate and, where necessary, kept up...5Personal data processed for any purpose or purposes shall not...6Personal data shall be processed in accordance with the rights...7Appropriate technical and organisational measures shall be taken against unauthorised...8Personal data shall not be transferred to a country or...Part II Interpretation of the principles in Part I The first principle1(1) In determining for the purposes of the first principle...2(1) Subject to paragraph 3, for the purposes of the...3(1) Paragraph 2(1)(b) does not apply where either of the...4(1) Personal data which contain a general identifier falling within... The second principle5The purpose or purposes for which personal data are obtained...6In determining whether any disclosure of personal data is compatible... The fourth principle7The fourth principle is not to be regarded as being... The sixth principle8A person is to be regarded as contravening the sixth... The seventh principle9Having regard to the state of technological development and the...10The data controller must take reasonable steps to ensure the...11Where processing of personal data is carried out by a...12Where processing of personal data is carried out by a... The eighth principle13An adequate level of protection is one which is adequate...14The eighth principle does not apply to a transfer falling...15(1) Where— (a) in any proceedings under this Act any...SCHEDULE 2 Conditions relevant for purposes of the first principle: processing of any personal data1The data subject has given his consent to the processing....2The processing is necessary— (a) for the performance of a...3The processing is necessary for compliance with any legal obligation...4The processing is necessary in order to protect the vital...5The processing is necessary— (a) for the administration of justice,...6(1) The processing is necessary for the purposes of legitimate...SCHEDULE 3 Conditions relevant for purposes of the first principle: processing of sensitive personal data1The data subject has given his explicit consent to the...2(1) The processing is necessary for the purposes of exercising...3The processing is necessary— (a) in order to protect the...4The processing— (a) is carried out in the course of...5The information contained in the personal data has been made...6The processing— (a) is necessary for the purpose of, or...7(1) The processing is necessary— (a) for the administration of...7A(1) The processing— (a) is either— (i) the disclosure of...8(1) The processing is necessary for medical purposes and is...9(1) The processing— (a) is of sensitive personal data consisting...10The personal data are processed in circumstances specified in an...SCHEDULE 4 Cases where the eighth principle does not apply1The data subject has given his consent to the transfer....2The transfer is necessary— (a) for the performance of a...3The transfer is necessary— (a) for the conclusion of a...4(1) The transfer is necessary for reasons of substantial public...5The transfer— (a) is necessary for the purpose of, or...6The transfer is necessary in order to protect the vital...7The transfer is of part of the personal data on...8The transfer is made on terms which are of a...9The transfer has been authorised by the Commissioner as being...SCHEDULE 5 The Data Protection Commissioner ...Part I The Commissioner Status and capacity1(1) The corporation sole by the name of the Data... Tenure of office2(1) Subject to the provisions of this paragraph, the Commissioner... Salary etc.3(1) There shall be paid— (a) to the Commissioner such... Officers and staff4(1) The Commissioner— (a) shall appoint a deputy commissioner or...5(1) The deputy commissioner or deputy commissioners shall perform the... Authentication of seal of the Commissioner6The application of the seal of the Commissioner shall be... Presumption of authenticity of documents issued by the Commissioner7Any document purporting to be an instrument issued by the... Money8The Secretary of State may make payments to the Commissioner...9(1) All fees and other sums received by the Commissioner... Accounts10(1) It shall be the duty of the Commissioner— Application of Part I in Scotland11Paragraphs 1(1), 6 and 7 do not extend to Scotland....Part II The Tribunal Tenure of office12(1) Subject to the following provisions of this paragraph, a... Salary etc.13The Secretary of State shall pay to the members of... Officers and staff14The Secretary of State may provide the Tribunal with such... Expenses15Such expenses of the Tribunal as the Secretary of State...Part III16Any reference in any enactment, instrument or other document to...17Any reference in this Act or in any instrument under...SCHEDULE 6 Appeal proceedings Hearing of appeals1For the purpose of hearing and determining appeals or any... Constitution of Tribunal in national security cases2(1) The Lord Chancellor shall from time to time designate,...3(1) The Tribunal shall be duly constituted— Constitution of Tribunal in other cases4(1) Subject to any rules made under paragraph 7, the... Determination of questions by full Tribunal5The determination of any question before the Tribunal when constituted... Ex parte proceedings6(1) Subject to any rules made under paragraph 7, the...Tribunal Procedure Rules7(1) Tribunal Procedure Rules may make provision for regulating the... Obstruction etc.8(1) If any person is guilty of any act or...SCHEDULE 7 Miscellaneous exemptions Confidential references given by the data controller1Personal data are exempt from section 7 if they consist... Armed forces2Personal data are exempt from the subject information provisions in... Judicial appointments and honours3Personal data processed for the purposes of— Crown employment and Crown or Ministerial appointments4(1) The Secretary of State may by order exempt from... Management forecasts etc.5Personal data processed for the purposes of management forecasting or... Corporate finance6(1) Where personal data are processed for the purposes of,... Negotiations7Personal data which consist of records of the intentions of... Examination marks8(1) Section 7 shall have effect subject to the provisions... Examination scripts etc.9(1) Personal data consisting of information recorded by candidates during... Legal professional privilege10Personal data are exempt from the subject information provisions if... Self-incrimination11(1) A person need not comply with any request or...SCHEDULE 8 Transitional reliefPart I Interpretation of Schedule1(1) For the purposes of this Schedule, personal data are...Part II Exemptions available before 24th October 2001 Manual data2(1) Eligible manual data, other than data forming part of...3(1) This paragraph applies to— (a) eligible manual data forming...4(1) This paragraph applies to eligible manual data which consist... Processing otherwise than by reference to the data subject5During the first transitional period, for the purposes of this... Payrolls and accounts6(1) Subject to sub-paragraph (2), eligible automated data processed by... Unincorporated members’ clubs and mailing lists7Eligible automated data processed by an unincorporated members’ club and...8Eligible automated data processed by a data controller only for...9Neither paragraph 7 nor paragraph 8 applies to personal data...10It shall be a condition of the exemption of any...11Data to which paragraph 10 applies may be disclosed— Back-up data12Eligible automated data which are processed only for the purpose... Exemption of all eligible automated data from certain requirements13(1) During the first transitional period, eligible automated data are...Part III Exemptions available after 23rd October 2001 but before 24th October 200714(1) This paragraph applies to— (a) eligible manual data which...14A(1) This paragraph applies to personal data which fall within...Part IV Exemptions after 23rd October 2001 for historical research15In this Part of this Schedule “the relevant conditions” has...16(1) Eligible manual data which are processed only for the...17(1) After 23rd October 2001 eligible automated data which are...18For the purposes of this Part of this Schedule personal...Part V Exemption from section 2219Processing which was already under way immediately before 24th October...SCHEDULE 9 Powers of entry and inspection Issue of warrants1(1) If a circuit judge or a District Judge (Magistrates'...2(1) A judge shall not issue a warrant under this...3A judge who issues a warrant under this Schedule shall... Execution of warrants4A person executing a warrant issued under this Schedule may...5A warrant issued under this Schedule shall be executed at...6If the person who occupies the premises in respect of...7(1) A person seizing anything in pursuance of a warrant... Matters exempt from inspection and seizure8The powers of inspection and seizure conferred by a warrant...9(1) Subject to the provisions of this paragraph, the powers...10If the person in occupation of any premises in respect... Return of warrants11A warrant issued under this Schedule shall be returned to... Offences12Any person who— (a) intentionally obstructs a person in the... Vessels, vehicles etc.13In this Schedule “premises” includes any vessel, vehicle, aircraft or... Scotland and Northern Ireland14In the application of this Schedule to Scotland— 15In the application of this Schedule to Northern Ireland— Self-incrimination16An explanation given, or information provided, by a person in...SCHEDULE 10 Further provisions relating to assistance under section 531In this Schedule “applicant” and “proceedings” have the same meaning...2The assistance provided under section 53 may include the making...3Where assistance is provided with respect to the conduct of...4Where the Commissioner provides assistance in relation to any proceedings,...5In England and Wales or Northern Ireland, the recovery of...6In Scotland, the recovery of such expenses (as taxed or...SCHEDULE 11 Educational records Meaning of “educational record”1For the purposes of section 68 “educational record” means any... England and Wales2This paragraph applies to any record of information which— 3The schools referred to in paragraph 2(a) are— 4The persons referred to in paragraph 2(c) are— 4AIn paragraphs 3 and 4 “ local authority ” has... Scotland5This paragraph applies to any record of information which is...6For the purposes of paragraph 5— (a) “education authority” means... Northern Ireland7(1) This paragraph applies to any record of information which—...8The persons referred to in paragraph 7(1) are— England and Wales: transitory provisions9(1) Until the appointed day within the meaning of section...SCHEDULE 12 Accessible public records Meaning of “accessible public record”1For the purposes of section 68 “accessible public record” means... Housing and social services records: England and Wales2The following is the Table referred to in paragraph 1(a)....3(1) The following provisions apply for the interpretation of the... Housing and social services records: Scotland4The following is the Table referred to in paragraph 1(b)....5(1) The following provisions apply for the interpretation of the... Housing and social services records: Northern Ireland6The following is the Table referred to in paragraph 1(c)....7(1) This paragraph applies for the interpretation of the Table...SCHEDULE 13 Modifications of Act having effect before 24th October 20071After section 12 there is inserted— Rights of data subjects...2In section 32— (a) in subsection (2) after “section 12”...3In section 34 for “section 14(1) to (3)” there is...4In section 53(1) after “12(8)” there is inserted “ ,...5In paragraph 8 of Part II of Schedule 1, the...SCHEDULE 14 Transitional provisions and savings Interpretation1In this Schedule— “the 1984 Act” means the Data Protection... Effect of registration under Part II of 1984 Act2(1) Subject to sub-paragraphs (4) and (5) any person who,... Rights of data subjects3(1) The repeal of section 21 of the 1984 Act...4The repeal of section 22 of the 1984 Act (compensation...5The repeal of section 24 of the 1984 Act (rectification...6Subsection (3)(b) of section 14 does not apply where the... Enforcement and transfer prohibition notices served under Part V of 1984 Act7(1) If, immediately before the commencement of section 40— 8(1) If, immediately before the commencement of section 40— Notices under new law relating to matters in relation to which 1984 Act had effect9The Commissioner may serve an enforcement notice under section 40...10Subsection (5)(b) of section 40 does not apply where the...11The Commissioner may serve an information notice under section 43...12Where by virtue of paragraph 11 an information notice is... Self-incrimination, etc.13(1) In section 43(8), section 44(9) and paragraph 11 of... Warrants issued under 1984 Act14The repeal of Schedule 4 to the 1984 Act does... Complaints under section 36(2) of 1984 Act and requests for assessment under section 4215The repeal of section 36(2) of the 1984 Act does...16In dealing with a complaint under section 36(2) of the... Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation17(1) The repeal of any provision of the Access to...18(1) The revocation of any provision of the Access to... Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation19(1) The repeal of the personal files enactments does not... Applications under section 158 of Consumer Credit Act 197420Section 62 does not affect the application of section 158...SCHEDULE 15 Minor and consequential amendments Public Records Act 1958 (c. 51)1(1) In Part II of the Table in paragraph 3... Parliamentary Commissioner Act 1967 (c. 13)2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Act 1972 (c. 11)4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House of Commons Disqualification Act 1975 (c. 24)5(1) Part II of Schedule 1 to the House of... Northern Ireland Assembly Disqualification Act 1975 (c. 25)6(1) Part II of Schedule 1 to the Northern Ireland... Representation of the People Act 1983 (c. 2)7In Schedule 2 of the Representation of the People Act... Access to Medical Reports Act 1988 (c. 28)8In section 2(1) of the Access to Medical Reports Act... Football Spectators Act 1989 (c. 37)9(1) Section 5 of the Football Spectators Act 1989 (national... Education (Student Loans) Act 1990 (c. 6)10Schedule 2 to the Education (Student Loans) Act 1990 (loans... Access to Health Records Act 1990 (c. 23)11For section 2 of the Access to Health Records Act...12In section 3(4) of that Act (cases where fee may...13In section 5(3) of that Act (cases where right of... Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))14In Article 4 of the Access to Personal Files and...15In Article 6(1) of that Order (interpretation), in the definition... Tribunals and Inquiries Act 1992 (c. 53)16In Part 1 of Schedule 1 to the Tribunals and... Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))17For paragraphs (1) and (2) of Article 4 of the...18In Article 5(4) of that Order (cases where fee may...19In Article 7 of that Order (cases where right of...SCHEDULE 16 Repeals and revocationsPart I RepealsPart II Revocations1998 c. 29An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information.[16th July 1998]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—Act: power to amend conferred (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 77(5), 153Act: Crown status for the purposes of the Act extended (6.5.1999) by S.I. 1999/677, art. 7(3)Act applied (1.4.2000) by 1999 c. 28, s. 19(2) (with s. 38); S.I. 2000/1066, art. 2Act excluded (1.3.2000) by S.I. 2000/416, art. 2, Sch.Act: functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 11Act applied by S.I. 1993/1813, art. 4(2) (as substituted by S.I. 2001/1544, art. 3(5)(6)) (the amendment coming into force in accordance with art. 1(2) of S.I. 2001/1544)Act (except ss. 6(4)(a)(b), 28, Sch. 5 para. 12(2) for certain purposes and Sch. 6 paras. 2, 3): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with art. 6)Act restricted by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. {8(2)} (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)Act modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. {11(4)} (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)Act modified by The National Assembly for Wales Commission (Crown Status) Order 2007 (S.I. 2007/1118), art. 5 (the amendment comming into force in accordance with art. 1(2) of the amending S.I.)