Article 2 Data Protection – Subject Access

(1)

In Part 2 of the Schedule (exemptions from section 7 – enactments and instruments extending to England and Wales) to the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000^f1 for paragraph (a) substitute—

“(a)

Adoption records and reports

Sections 57 to 62, 77 and 79 of, and Schedule 2 to, the Adoption and Children Act 2002^f2.

Regulation 14 of the Adoption Agencies Regulations 1983^f3.

Regulation 41 of the Adoption Agencies Regulations 2005^f4.

Regulation 42 of the Adoption Agencies (Wales) Regulations 2005^f5.

Rules 5, 6, 9, 17, 18, 21, 22 and 53 of the Adoption Rules 1984^f6.

Rules 5, 6, 9, 17, 18, 21, 22 and 32 of the Magistrates' Courts (Adoption) Rules 1984^f7.

Rules 24, 29, 30, 65, 72, 73, 77, 78 and 83 of the Family Procedure (Adoption) Rules 2005^f8.”.

(2)

In the Schedule (personal data to which the Order applies) to the Data Protection (Subject Access Modification) (Social Work) Order 2000^f9 insert after paragraph (t)—

“(u)

data processed for the purposes of the functions of the appropriate Minister pursuant to section 12 of the Adoption and Children Act 2002 (independent review of determinations);”.

Annotations

Footnotes

f1: S.I. 2000/419. Part 2 of the Schedule was amended by S.I. 2000/1865.
f2: Section 79 of the Adoption and Children Act 2002 (c. 38) was amended by the Civil Partnership Act 2004 (c. 33).
f3: S.I. 1983/1964. Regulation 14 was amended by S.I. 1997/649 and S.I. 1997/2308.
f4: S.I. 2005/389.
f5: S.I. 2005/1313 (W.95).
f6: S.I. 1984/265. These provisions of the Adoption Rules 1984 were amended by S.I. 1991/1880 and S.I. 2001/819 and will be revoked with effect from 30^th December 2005.
f7: S.I. 1984/611. These provisions of the Magistrates' Court (Adoption) Rules 1984 were revoked by S.I. 2005/2804; for transitional provisions and savings see articles 4(b), 5 and 6. These provisions were also amended by S.I. 1989/384, S.I. 2001/615, S.I. 2001/820 and S.I. 2005/617.
f8: S.I. 2005/2795 (L.22).
f9: S.I. 2000/415. The Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000 was amended by S.I. 2002/2469, S.I. 2002/3220, S.I. 2004/696 and S.I. 2005/467.