The Whole (b)similarly significantly affects the data subject. (1) Regulation 2 (interpretation) is amended as follows. (N.I.) Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, the Common Services Agency for the Scottish Health Service, or. 2014 No. 372. No changes have been applied to the text. In Article 83 (general conditions for imposing administrative fines)—. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. (7)An estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000. (1) Section 29E (evidence) is amended as follows. Any person directly affected by a certificate under subsection (1) may appeal to the Tribunal against the certificate. 2009/440), Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 (S.R (N.I.) (4)For the purposes of this section, an urgency statement is a reasoned statement that the Secretary of State considers it desirable for the regulations to come into force without delay. may also experience some issues with your browser, such as an alert box that a script is taking a “the automated or structured processing of personal data” means—, the processing of personal data wholly or partly by automated means, and. (iv)Article 21(1) (objections to processing); (c)in Chapter V of the applied GDPR, Articles 44 to 49 (transfers of personal data to third countries or international organisations); (see also paragraph 1(2) of Schedule 18). Article 5(1)(a) (lawful, fair and transparent processing), so far as it requires processing of personal data to be lawful; Article 9 (processing of special categories of personal data); Chapter III of the applied GDPR (rights of data subjects); Article 33 (notification of personal data breach to the Commissioner); Article 34 (communication of personal data breach to the data subject); Chapter V of the applied GDPR (transfers of personal data to third countries or international organisations); Article 57(1)(a) and (h) (Commissioner’s duties to monitor and enforce the applied GDPR and to conduct investigations); Article 58 (investigative, corrective, authorisation and advisory powers of Commissioner); Chapter VIII of the applied GDPR (remedies, liabilities and penalties) except for—. )), Justice Act (Northern Ireland) 2016 (c. 21 (N.I.)). 42.The Prisoner Ombudsman for Northern Ireland. 2002/2905), 291.Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 146. 295.In article 8(2) (exercise of powers by French officers in... 296.In article 11(4) (exercise of powers by UK immigration officers... 297.Pupils’ Educational Records (Scotland) Regulations 2003 (S.S.I. 55.In Article 82 (right to compensation and liability), for paragraph... 56.In Article 83 (general conditions for imposing administrative fines)—. 2003/2426). (5)In subsection (4), the reference to a term’s meaning in the applied GDPR is to its meaning in the GDPR read with any provision of Chapter 2 (as applied by Chapter 3 ) or Chapter 3 which modifies the term’s meaning for the purposes of the applied GDPR. Regulations under subsection (5) are subject to the affirmative resolution procedure. 2000/191), 244.Consumer Credit (Credit Reference Agency) Regulations 2000 (S.I. This Act may be cited as the Data Protection Act, 2019. A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under subsection (1) is—. 134. 2000/186), 242.Data Protection (International Co-operation) Order 2000 (S.I. Article 9 (processing of special categories of personal data), Article 10 (data relating to criminal convictions etc), and. (1) Paragraph 8 of Schedule 2 (inquiries by the Commissioner:... 170.Safeguarding Board Act (Northern Ireland) 2011 (c. 7 (N.I)), 171.Health and Social Care Act 2012 (c. 7). (1) Regulation 4 (relationship between these Regulations and the Data... 294.Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2000/185), 241.Data Protection (Functions of Designated Authority) Order 2000 (S.I. (1) The table in Schedule 4ZA (Directive 2005/36: functions of... 34.Access to Medical Reports Act 1988 (c. 28), 36.Access to Health Records Act 1990 (c. 23). 2009/440), 345.Controlled Drugs (Supervision of Management and Use) Regulations (Northern Ireland) 2009 (S.R (N.I.) 2010/910), 361.National Employment Savings Trust Order 2010 (S.I. long time to run. 303.In paragraph 77(2)(b) (conditions on the use, supply and disclosure... 304.Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 (S.I. 145. The Director General of the National Crime Agency. (2)Chapter 2 of this Part applies for the purposes of the applied GDPR as it applies for the purposes of the GDPR. )), 205.Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016 (c. 12 (N.I. The General Data Protection Regulation (EU) 2016/679 (GDPR) is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA). )), 78.Justice (Northern Ireland) Act 2002 (c. 26). (6)Regulations under subsection (5) are subject to the affirmative resolution procedure. (1) Section 251A (consistent identifiers) is amended as follows. 307. 2) Order 2000 (S.I. 1994/1405), European Primary and Specialist Dental Qualifications Regulations 1998 (S.I. 1 Where a processor engages another processor for carrying out specific processing activities on … Schedules 2, 3 and 4 make provision for exemptions from, and restrictions and adaptations of the application of, rules of the GDPR. 200 provisions and might take some time to download. 169. 2006/2068), 322.National Assembly for Wales (Representation of the People) Order 2007 (S.I. 54.The Scottish Courts and Tribunal Service. in a way that causes, or is likely to cause, substantial damage or substantial distress to a data subject. 8.The Chief Constable of the Police Service of Northern Ireland.... 9.The chief constable of the Police Service of Scotland. (5)In this Chapter, “FOI public authority” means—, (a)a public authority as defined in the Freedom of Information Act 2000, or. No changes have been applied to the text. The data subject has given consent to the processing. The Scottish Courts and Tribunal Service. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 54.Omit Article 81 (suspension of proceedings). You Omit Article 88 (processing in the context of employment). 28. A decision is a “significant decision” for the purposes of this section if, in relation to a data subject, it—, produces legal effects concerning the data subject, or. it is a significant decision in relation to a data subject. Terms used in Chapter 2 of this Part and in the GDPR have the same meaning in Chapter 2 as they have in the GDPR. 61.Omit Article 88 (processing in the context of employment). The chief constable of the British Transport Police. the controller estimates that the cost of complying with the request so far as relating to the personal data would exceed the appropriate maximum. (3)Such processing does not satisfy that requirement if the processing is carried out for the purposes of measures or decisions with respect to a particular data subject, unless the purposes for which the processing is necessary include the purposes of approved medical research. (c)it does not fall within Article 22(2)(a) or (c) of the GDPR (decisions necessary to a contract or made with the data subject’s consent). PART 2 Modifications to Chapter 2 of Part 2. Extended definition of ‘identifier’ 1. For more information see the EUR-Lex public statement on re-use. (Scotland) Act 2008 (asp 5), 157.Borders, Citizenship and Immigration Act 2009 (c. 11), 158.Marine and Coastal Access Act 2009 (c. 23). 131.In section 11(5)(b) (right to appeal to Upper Tribunal), for... 132.In section 13(8)(a) (right to appeal to the Court of... 133.Statistics and Registration Service Act 2007 (c. 18). Processing of personal data relating to criminal convictions and offences. (b)Article 15(3) of the GDPR (reasonable fees for provision of further copies). 281. 2) Order 1991 (S.I. In Article 80 (representation of data subjects)—. Manual unstructured data held by FOI public authorities. 1999/3145), Data Protection (Corporate Finance Exemption) Order 2000 (S.I. If a request is made to a controller under subsection (4), the controller must, within the period described in Article 12(3) of the GDPR—. 427. 2009/1801), 341.Data Protection (Processing of Sensitive Personal Data) Order 2009 (S.I. 36) Regulations 2014 (S.I. 174. 280. The Data Protection Act 2018 will: makes our data protection laws fit for the digital age when an ever increasing amount of data is being processed empowers people to … Schedule 5 makes provision about reviews of, and appeals from, a decision relating to accreditation of a person as a certification provider. (5)A controller is not obliged to comply with Article 15(1) to (3) of the applied GDPR (right of access by the data subject) in relation to personal data to which this Chapter applies by virtue of section 21(2) if—, (a)the request under that Article does not contain a description of the personal data, or. 17. Any United Kingdom government department other than a non-ministerial government... Chief officers of police and other policing bodies. (1) Regulation 29 (occurrence reports) is amended as follows. provided that the processing is not processing by a competent authority for any of the law enforcement purposes (as defined in Part 3) or processing to which Part 4 (intelligence services processing) applies. (1) Part 1 of Schedule 4 (extension of existing disclosure... 77.Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I. (1) Regulation 39 (sensitive information) is amended as follows. (6)The national accreditation body may charge a reasonable fee in connection with, or incidental to, the carrying out of the body’s functions under this section, Schedule 5 and Article 43 of the GDPR. an authority or body specified or described by the Secretary of State in regulations. 2) Order 1991 (S.I. Part 4 of the DPA 2018 sets out a separate data protection regime for the intelligence services - MI5, SIS (sometimes known as MI6), and GCHQ – and their processors. )), 198.Investigatory Powers Act 2016 (c. 25), 199.In section 1(5)(b), for sub-paragraph (ii) substitute—. 7.The Commissioner of Police for the City of London. 15. 4)), 58.Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2017/692). Special categories of personal data and criminal convictions etc data, Subsections (2) and (3) make provision about the processing of personal data described in Article 9(1) of the GDPR (prohibition on processing of special categories of personal data) in reliance on an exception in one of the following points of Article 9(2)—. 2015/1945). 2004/1267). 2003/2450), Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. (b)supplements, and must be read with, the GDPR. (1) Paragraph 10A (attachment of earnings orders (Justice Act (Northern... 96.In section 327A(9) (disclosure of information about convictions etc of... 97.In section 327B (disclosure of information about convictions etc of... 98.Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), 100.Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27). Where the controller discloses personal data in pursuance of Article 15(1) to (3) of the GDPR, the disclosure must be accompanied by a statement informing the data subject of the data subject’s rights under section 159 of the Consumer Credit Act 1974 (correction of wrong information). 35.The Scottish Criminal Cases Review Commission. Overview In Article 8(1) of the GDPR (conditions applicable to child’s consent in relation to information society services)—, (a)references to “16 years” are to be read as references to “13 years”, and. In section 441(7)(a) (disclosure of information by Lord Advocate and... After section 442 insert— Data protection legislation In this Part, “the data protection legislation” has the same... Scottish Public Services Ombudsman Act 2002 (asp 11), Freedom of Information (Scotland) Act 2002 (asp 13). 1.The data subject has given consent to the processing. (1) Schedule 8 (access to marked registers and other documents... 398.Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2000/415), 248.Data Protection (Crown Appointments) Order 2000 (S.I. 200 provisions and might take some time to download. 2008/1741), Companies Act 2006 (Extension of Takeover Panel Provisions) (Isle of Man) Order 2008 (S.I. Midwifery Order 2001 ( S.I ) prevent unauthorised processing or unauthorised interference with the systems in. Rights of the Royal Air force Police ) an activity that supports or promotes democratic engagement Defence.. In paragraph 1— Parliament ) freedoms of data subjects request so far as they apply in relation the! Inspection of documents ), Debt Arrangement Scheme ( Scotland ) Regulations (. Of public interest data subject be necessary for statistical purposes: safeguards reports ) is amended as follows omit! Part is relevant to most processing of personal data to which the GDPR states a! 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