Data Protection Act 1998 (c. 29)

(The document as of February, 2008)

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4 The repeal of section 22 of the 1984 Act (compensation for inaccuracy) and the repeal of section 23 of that Act (compensation for loss or unauthorised disclosure) do not affect the application of those sections in relation to damage or distress suffered at any time by reason of anything done or omitted to be done before the commencement of the repeals.

5 The repeal of section 24 of the 1984 Act (rectification and erasure) does not affect any case in which the application to the court was made before the day on which the repeal comes into force.

6 Subsection (3)(b) of section 14 does not apply where the rectification, blocking, erasure or destruction occurred before the commencement of that section.

Enforcement and transfer prohibition notices served under Part V of 1984 Act

7 (1) If, immediately before the commencement of section 40--

(a) an enforcement notice under section 10 of the 1984 Act has effect, and

(b) either the time for appealing against the notice has expired or any appeal has been determined,

then, after that commencement, to the extent mentioned in sub-paragraph (3), the notice shall have effect for the purposes of sections 41 and 47 as if it were an enforcement notice under section 40.

(2) Where an enforcement notice has been served under section 10 of the 1984 Act before the commencement of section 40 and immediately before that commencement either--

(a) the time for appealing against the notice has not expired, or

(b) an appeal has not been determined,

the appeal shall be determined in accordance with the provisions of the 1984 Act and the old principles and, unless the notice is quashed on appeal, to the extent mentioned in sub-paragraph (3) the notice shall have effect for the purposes of sections 41 and 47 as if it were an enforcement notice under section 40.

(3) An enforcement notice under section 10 of the 1984 Act has the effect described in sub-paragraph (1) or (2) only to the extent that the steps specified in the notice for complying with the old principle or principles in question are steps which the data controller could be required by an enforcement notice under section 40 to take for complying with the new principles or any of them.

8 (1) If, immediately before the commencement of section 40--

(a) a transfer prohibition notice under section 12 of the 1984 Act has effect, and

(b) either the time for appealing against the notice has expired or any appeal has been determined,

then, on and after that commencement, to the extent specified in sub-paragraph (3), the notice shall have effect for the purposes of sections 41 and 47 as if it were an enforcement notice under section 40.

(2) Where a transfer prohibition notice has been served under section 12 of the 1984 Act and immediately before the commencement of section 40 either--

(a) the time for appealing against the notice has not expired, or

(b) an appeal has not been determined,

(3) A transfer prohibition notice under section 12 of the 1984 Act has the effect described in sub-paragraph (1) or (2) only to the extent that the prohibition imposed by the notice is one which could be imposed by an enforcement notice under section 40 for complying with the new principles or any of them.

Notices under new law relating to matters in relation to which 1984 Act had effect

9 The Commissioner may serve an enforcement notice under section 40 on or after the day on which that section comes into force if he is satisfied that, before that day, the data controller contravened the old principles by reason of any act or omission which would also have constituted a contravention of the new principles if they had applied before that day.

10 Subsection (5)(b) of section 40 does not apply where the rectification, blocking, erasure or destruction occurred before the commencement of that section.

11 The Commissioner may serve an information notice under section 43 on or after the day on which that section comes into force if he has reasonable grounds for suspecting that, before that day, the data controller contravened the old principles by reason of any act or omission which would also have constituted a contravention of the new principles if they had applied before that day.

12 Where by virtue of paragraph 11 an information notice is served on the basis of anything done or omitted to be done before the day on which section 43 comes into force, subsection (2)(b) of that section shall have effect as if the reference to the data controller having complied, or complying, with the new principles were a reference to the data controller having contravened the old principles by reason of any such act or omission as is mentioned in paragraph 11.

Self-incrimination, etc.

13 (1) In section 43(8), section 44(9) and paragraph 11 of Schedule 7, any reference to an offence under this Act includes a reference to an offence under the 1984 Act.

(2) In section 34(9) of the 1984 Act, any reference to an offence under that Act includes a reference to an offence under this Act.

Warrants issued under 1984 Act

14 The repeal of Schedule 4 to the 1984 Act does not affect the application of that Schedule in any case where a warrant was issued under that Schedule before the commencement of the repeal.

Complaints under section 36(2) of 1984 Act and requests for assessment under section 42

15 The repeal of section 36(2) of the 1984 Act does not affect the application of that provision in any case where the complaint was received by the Commissioner before the commencement of the repeal.

16 In dealing with a complaint under section 36(2) of the 1984 Act or a request for an assessment under section 42 of this Act, the Commissioner shall have regard to the provisions from time to time applicable to the processing, and accordingly--

(a) in section 36(2) of the 1984 Act, the reference to the old principles and the provisions of that Act includes, in relation to any time when the new principles and the provisions of this Act have effect, those principles and provisions, and

(b) in section 42 of this Act, the reference to the provisions of this Act includes, in relation to any time when the old principles and the provisions of the 1984 Act had effect, those principles and provisions.

Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation

17 (1) The repeal of any provision of the [1990 c. 23.] Access to Health Records Act 1990 does not affect--

(a) the application of section 3 or 6 of that Act in any case in which the application under that section was received before the day on which the repeal comes into force, or

(b) the application of section 8 of that Act in any case in which the application to the court was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to an application for access to information which was made by reference to this Act.

18 (1) The revocation of any provision of the [S.I. 1993/1250 (N.I.4).] Access to Health Records (Northern Ireland) Order 1993 does not affect--

(a) the application of Article 5 or 8 of that Order in any case in which the application under that Article was received before the day on which the repeal comes into force, or

(b) the application of Article 10 of that Order in any case in which the application to the court was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to an application for access to information which was made by reference to this Act.

Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation

19 (1) The repeal of the personal files enactments does not affect the application of regulations under those enactments in relation to--

(a) any request for information,

(b) any application for rectification or erasure, or

which was made before the day on which the repeal comes into force.

(2) Sub-paragraph (1)(a) does not apply in relation to a request for information which was made by reference to this Act.

(3) In sub-paragraph (1) "the personal files enactments" means--

(a) in relation to Great Britain, the [1987 c. 37.] Access to Personal Files Act 1987, and

(b) in relation to Northern Ireland, Part II of the [S.I. 1991/1707 (N.I.14).] Access to Personal Files and Medical Reports (Northern Ireland) Order 1991.

Applications under section 158 of Consumer Credit Act 1974

20 Section 62 does not affect the application of section 158 of the [1974 c. 39.] Consumer Credit Act 1974 in any case where the request was received before the commencement of section 62, unless the request is made by reference to this Act.

Section 74(1).

SCHEDULE 15 Minor and consequential amendments

Public Records Act 1958 (c. 51)

1 (1) In Part II of the Table in paragraph 3 of Schedule 1 to the Public Records Act 1958 (definition of public records) for "the Data Protection Registrar" there is substituted "the Data Protection Commissioner".

(2) That Schedule shall continue to have effect with the following amendment (originally made by paragraph 14 of Schedule 2 to the [1984 c. 35.] Data Protection Act 1984).

(3) After paragraph 4(1)(n) there is inserted--

" (nn) records of the Data Protection Tribunal " .

Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) for "Data Protection Registrar" there is substituted "Data Protection Commissioner".

3 In Schedule 4 to that Act (tribunals exercising administrative functions), in the entry relating to the Data Protection Tribunal, for "section 3 of the Data Protection Act 1984" there is substituted "section 6 of the Data Protection Act 1998".

Superannuation Act 1972 (c. 11)

4 In Schedule 1 to the Superannuation Act 1972, for "Data Protection Registrar" there is substituted "Data Protection Commissioner".

House of Commons Disqualification Act 1975 (c. 24)

5 (1) Part II of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies whose members are disqualified) shall continue to include the entry "The Data Protection Tribunal" (originally inserted by paragraph 12(1) of Schedule 2 to the Data Protection Act 1984).

(2) In Part III of that Schedule (disqualifying offices) for "The Data Protection Registrar" there is substituted "The Data Protection Commissioner".

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

6 (1) Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) shall continue to include the entry "The Data Protection Tribunal" (originally inserted by paragraph 12(3) of Schedule 2 to the Data Protection Act 1984).

(2) In Part III of that Schedule (disqualifying offices) for "The Data Protection Registrar" there is substituted "The Data Protection Commissioner".

Representation of the People Act 1983 (c. 2)

7 In Schedule 2 of the Representation of the People Act 1983 (provisions which may be included in regulations as to registration etc), in paragraph 11A(2)--

(a) for "data user" there is substituted "data controller", and

(b) for "the Data Protection Act 1984" there is substituted "the Data Protection Act 1998".

Access to Medical Reports Act 1988 (c. 28)

8 In section 2(1) of the Access to Medical Reports Act 1988 (interpretation), in the definition of "health professional", for "the Data Protection (Subject Access Modification) Order 1987" there is substituted "the Data Protection Act 1998".

Football Spectators Act 1989 (c. 37)

9 (1) Section 5 of the Football Spectators Act 1989 (national membership scheme: contents and penalties) is amended as follows.

(2) In subsection (5), for "paragraph 1(2) of Part II of Schedule 1 to the Data Protection Act 1984" there is substituted "paragraph 1(2) of Part II of Schedule 1 to the Data Protection Act 1998".

(3) In subsection (6), for "section 28(1) and (2) of the Data Protection Act 1984" there is substituted "section 29(1) and (2) of the Data Protection Act 1998".

Education (Student Loans) Act 1990 (c. 6)

10 Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) so far as that Schedule continues in force shall have effect as if the reference in paragraph 4(2) to the Data Protection Act 1984 were a reference to this Act.

Access to Health Records Act 1990 (c. 23)

11 For section 2 of the Access to Health Records Act 1990 there is substituted--

" 2 Health professionals

In this Act "health professional" has the same meaning as in the Data Protection Act 1998. "

12 In section 3(4) of that Act (cases where fee may be required) in paragraph (a), for "the maximum prescribed under section 21 of the Data Protection Act 1984" there is substituted "such maximum as may be prescribed for the purposes of this section by regulations under section 7 of the Data Protection Act 1998".

13 In section 5(3) of that Act (cases where right of access may be partially excluded) for the words from the beginning to "record" in the first place where it occurs there is substituted "Access shall not be given under section 3(2) to any part of a health record".

Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))

14 In Article 4 of the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (obligation to give access), in paragraph (2) (exclusion of information to which individual entitled under section 21 of the Data Protection Act 1984) for "section 21 of the Data Protection Act 1984" there is substituted "section 7 of the Data Protection Act 1998".

15 In Article 6(1) of that Order (interpretation), in the definition of "health professional", for "the Data Protection (Subject Access Modification) (Health) Order 1987" there is substituted "the Data Protection Act 1998".

Tribunals and Inquiries Act 1992 (c. 53)

16 In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for paragraph 14 there is substituted--

" Data protection

14.

(a)

The Data Protection Commissioner appointed under section 6 of the Data Protection Act 1998;

(b)

the Data Protection Tribunal constituted under that section, in respect of its jurisdiction under section 48 of that Act. "

Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))

17 For paragraphs (1) and (2) of Article 4 of the Access to Health Records (Northern Ireland) Order 1993 there is substituted--

" (1) In this Order "health professional" has the same meaning as in the Data Protection Act 1998. "

18 In Article 5(4) of that Order (cases where fee may be required) in sub-paragraph (a), for "the maximum prescribed under section 21 of the Data Protection Act 1984" there is substituted "such maximum as may be prescribed for the purposes of this Article by regulations under section 7 of the Data Protection Act 1998".

19 In Article 7 of that Order (cases where right of access may be partially excluded) for the words from the beginning to "record" in the first place where it occurs there is substituted "Access shall not be given under Article 5(2) to any part of a health record".

Section 74(2).

SCHEDULE 16 Repeals and revocations

Part I Repeals

Chapter	Short title	Extent of repeal
1984 c. 35.	The Data Protection Act 1984.	The whole Act.
1986 c. 60.	The Financial Services Act 1986.	Section 190.
1987 c. 37.	The Access to Personal Files Act 1987.	The whole Act.
1988 c. 40.	The Education Reform Act 1988.	Section 223.
1988 c. 50.	The Housing Act 1988.	In Schedule 17, paragraph 80.
1990 c. 23.	The Access to Health Records Act 1990.	In section 1(1), the words from "but does not" to the end.
		In section 3, subsection (1)(a) to (e) and, in subsection (6)(a), the words "in the case of an application made otherwise than by the patient".
		Section 4(1) and (2).
		In section 5(1)(a)(i), the words "of the patient or" and the word "other".
		In section 10, in subsection (2) the words "or orders" and in subsection (3) the words "or an order under section 2(3) above".
		In section 11, the definitions of "child" and "parental responsibility".
1990 c. 37.	The Human Fertilisation and Embryology Act 1990.	Section 33(8).
1990 c. 41.	The Courts and Legal Services Act 1990.	In Schedule 10, paragraph 58.
1992 c. 13.	The Further and Higher Education Act 1992.	Section 86.
1992 c. 37.	The Further and Higher Education (Scotland) Act 1992.	Section 59.
1993 c. 8.	The Judicial Pensions and Retirement Act 1993.	In Schedule 6, paragraph 50.
1993 c. 10.	The Charities Act 1993.	Section 12.
1993 c. 21.	The Osteopaths Act 1993.	Section 38.
1994 c. 17.	The Chiropractors Act 1994.	Section 38.
1994 c. 19.	The Local Government (Wales) Act 1994.	In Schedule 13, paragraph 30.
1994 c. 33.	The Criminal Justice and Public Order Act 1994.	Section 161.
1994 c. 39.	The Local Government etc. (Scotland) Act 1994.	In Schedule 13, paragraph 154.

Part II Revocations

Number	Title	Extent of revocation
S.I. 1991/1142.	The Data Protection Registration Fee Order 1991.	The whole Order.
S.I. 1991/1707 (N.I. 14).	The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991.	Part II.
		The Schedule.
S.I. 1992/3218.	The Banking Co-ordination (Second Council Directive) Regulations 1992.	In Schedule 10, paragraphs 15 and 40.
S.I. 1993/1250 (N.I. 4).	The Access to Health Records (Northern Ireland) Order 1993.	In Article 2(2), the definitions of "child" and "parental responsibility".
		In Article 3(1), the words from "but does not include" to the end.
		In Article 5, paragraph (1)(a) to (d) and, in paragraph (6)(a), the words "in the case of an application made otherwise than by the patient".
		Article 6(1) and (2).
		In Article 7(1)(a)(i), the words "of the patient or" and the word "other".
S.I. 1994/429 (N.I. 2).	The Health and Personal Social Services (Northern Ireland) Order 1994.	In Schedule 1, the entries relating to the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991.
S.I. 1994/1696.	The Insurance Companies (Third Insurance Directives) Regulations 1994.	In Schedule 8, paragraph 8.
S.I. 1995/755 (N.I. 2).	The Children (Northern Ireland) Order 1995.	In Schedule 9, paragraphs 177 and 191.
S.I. 1995/3275.	The Investment Services Regulations 1995.	In Schedule 10, paragraphs 3 and 15.
S.I. 1996/2827.	The Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996.	In Schedule 8, paragraphs 3 and 26.

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