2008 No. 1592 (C.71)

Data Protection

The Data Protection Act 1998 (Commencement No. 2) Order 2008

Made

The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 75(3) of the Data Protection Act 19981:

Citation1

This Order may be cited as the Data Protection Act 1998 (Commencement No. 2) Order 2008.

Provision commenced on 7th July 20082

7th July 2008 is the day appointed for the coming into force of section 56 of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)2 insofar as it relates to the entries in the table in subsection (6) of that section which relate toβ€”

a

the functions of the Secretary of State under the Safeguarding Vulnerable Groups Act 20063 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 20074;

b

the functions of the Independent Barring Board5 under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Signed by authority of the Secretary of State

Michael WillsMinister of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

This is the second Commencement Order made under the Data Protection Act 1998.

Article 2 of this Order provides for the partial commencement of section 56 of the Data Protection Act 1998 (c. 29) (β€œDPA”) on the 7th of July 2008. Section 56 prohibits a person, A, from requiring an individual, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the DPA. The prohibition applies in circumstances specified in section 56, for example where B is seeking employment with A. However, Article 2 commences section 56 only in relation to information held by the Secretary of State or by the Independent Barring Board pursuant to their respective functions under the Safeguarding Vulnerable Groups Act 2006 (c. 47) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11) (the Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Act have been brought into force by commencement order made before the date of this Order:

Provision

Date of Commencement

S.I.No.

sections 4 to 6

1st March 2000

2000/183 (C.4)

section 7 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 8 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 9 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 10 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 11

1st March 2000

2000/183 (C.4)

section 12 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 13 to 16

1st March 2000

2000/183 (C.4)

section 17 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 18 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 19 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 20 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 21

1st March 2000

2000/183 (C.4)

section 22 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 23 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 24

1st March 2000

2000/183 (C.4)

section 25(2) and (3)

1st March 2000

2000/183 (C.4)

sections 27 to 29

1st March 2000

2000/183 (C.4)

section 30 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 31

1st March 2000

2000/183 (C.4)

section 32 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 33 to 37

1st March 2000

2000/183 (C.4)

section 38 in so far as not already in force

1st March 2000

2000/183 (C.4)

sections 39 to 50

1st March 2000

2000/183 (C.4)

section 51 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 52

1st March 2000

2000/183 (C.4)

section 53

1st March 2000

2000/183 (C.4)

section 54 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 55

1st March 2000

2000/183 (C.4)

sections 57 to 63

1st March 2000

2000/183 (C.4)

section 64 in so far as not already in force

1st March 2000

2000/183 (C.4)

section 65

1st March 2000

2000/183 (C.4)

section 66

1st March 2000

2000/183 (C.4)

sections 72 to 74

1st March 2000

2000/183 (C.4)

Schedules 1 to 4 in so far as not already in force

1st March 2000

2000/183 (C.4)

Paragraphs 1 to 16 of Schedule 5

1st March 2000

2000/183 (C.4)

Schedule 6

1st March 2000

2000/183 (C.4)

Schedule 7 in so far as not already in force

1st March 2000

2000/183 (C.4)

Schedules 8 to 10

1st March 2000

2000/183 (C.4)

Schedules 13 to 16

1st March 2000

2000/183 (C.4)