2000 No. 419
The Data Protection (Miscellaneous Subject Access Exemptions) Order 2000
Made
Coming into force
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:
Whereas the Secretary of State considers it necessary for the safeguarding of the interests of data subjects or the rights and freedoms of other individuals that the prohibitions or restrictions on disclosure contained in the enactments and instruments listed in the Schedule to this Order ought to prevail over section 7 of the Data Protection Act 19981:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 38(1) and 67(2) of the Data Protection Act 1998, and after consultation with the Data Protection Commissioner in accordance with section 67(3) of that Act, hereby makes the following Order:
1
This Order may be cited as the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 and shall come into force on 1st March 2000.
2
Personal data consisting of information the disclosure of which is prohibited or restricted by the enactments and instruments listed in the Schedule to this Order are exempt from section 7 of the Data Protection Act 1998.
SCHEDULEEXEMPTIONS FROM SECTION 7
PART IEnactments and Instruments Extending to the United Kingdom
Human fertilisation and embryology: information about the provision of treatment services, the keeping or use of gametes or embryos and whether identifiable individuals were born in consequence of treatment services.
Sections 31 and 33 of the Human Fertilisation and Embryology Act 19902.
PART IIEnactments and Instruments Extending to England and Wales
Adoption records and reportsa
Sections 50 and 51 of the Adoption Act 19763.
Regulations 6 and 14 of the Adoption Agencies Regulations 19834, so far as they relate to records and other information in the possession of local authorities.
Rules 5, 6, 9, 17, 18, 21, 22 and 53 of the Adoption Rules 19845.
Rules 5, 6, 9, 17, 18, 21, 22 and 32 of the Magistrates' Courts (Adoption) Rules 19846.
Statement of child’s special educational needsb
Regulation 19 of the Education (Special Educational Needs) Regulations 19947.
Parental order records and reportsc
PART IIIEnactments and Instruments Extending to Scotland
Adoption records and reportsa
Section 45 of the Adoption (Scotland) Act 197812.
Regulation 23 of the Adoption Agencies (Scotland) Regulations 199613, so far as it relates to records and other information in the possession of local authorities.
Rule 67.3 of the Act of Sederunt (Rules of the Court of Session 1994) 199414.
Rules 2.12, 2.14, 2.30 and 2.33 of the Act of Sederunt (Child Care and Maintenance Rules) 199715.
Regulation 8 of the Adoption Allowance (Scotland) Regulations 199616.
Information provided by principal reporter for children’s hearingb
Rules 5 and 21 of the Children’s Hearings (Scotland) Rules 199617.
Record of child or young person’s special educational needsc
Parental order records and reportsd
Section 45 of the Adoption (Scotland) Act 1978 as modified by paragraph 10 of Schedule 1 to the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 199420 in relation to parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990.
Rules 2.47 and 2.59 of the Act of Sederunt (Child Care and Maintenance Rules) 1997.
Rules 81.3 and 81.18 of the Act of Sederunt (Rules of the Court of Session 1994) 199421.
PART IVEnactments and Instruments Extending to Northern Ireland
Adoption records and reportsa
Statement of child’s special educational needsb
Regulation 17 of the Education (Special Educational Needs) Regulations (Northern Ireland) 199726.
Parental order records and reportsc
Articles 50 and 54 of the Adoption (Northern Ireland) Order 1987 as modified by paragraph 5(a) and (e) of Schedule 2 to the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 in respect of parental orders made under section 30 of the Human Fertilisation and Embryology Act 1990.
(This note is not part of the Order)