Data Protection Act 1998
1998 c. 29 · Enacted 16 July 1998 · Extends to United Kingdom
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C3
Annotations to the whole text
Modifications
- C1
Act modified (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 432 (with ss. 117, 209, 210, Sch. 20 paras. 58, 59); S.I. 2018/625, reg. 2(1)(g)
- C2
Act: power to amend conferred (8.5.2008) by virtue of Criminal Justice and Immigration Act 2008 (c. 4), ss. 77(5), 153
Act: Crown status for the purposes of the Act extended (6.5.1999) by S.I. 1999/677, art. 7(3)
Act applied (1.4.2000) by 1999 c. 28, s. 19(2) (with s. 38); S.I. 2000/1066, art. 2
Act excluded (1.3.2000) by S.I. 2000/416, art. 2, Sch.
Act: functions of the Secretary of State transferred to the Lord Chancellor (26.11.2001) by S.I. 2001/3500, arts. 3, 4, Sch. 1 para. 11
Act applied by S.I. 1993/1813, art. 4(2) (as substituted by S.I. 2001/1544, art. 3(5)(6)) (the amendment coming into force in accordance with art. 1(2) of S.I. 2001/1544)
Act (except ss. 6(4)(a)(b), 28, Sch. 5 para. 12(2) for certain purposes and Sch. 6 paras. 2, 3): functions of the Lord Chancellor transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Chancellor is entitled or subject to in connection with any such function transferred to the Secretary of State for Constitutional Affairs (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 4, 5, Sch. 1 (with art. 6)
Act restricted by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 8(2) (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)
Act modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(4) (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)
Act modified by The National Assembly for Wales Commission (Crown Status) Order 2007 (S.I. 2007/1118), art. 5 (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)
Act excluded (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 50(1)
Act applied (N.I.) (12.4.2016) by Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016 (c. 12), s. 1(8)
Act applied (S.) (1.4.2018) by The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 (S.S.I. 2018/66), reg. 1, sch. 6 para. 64 (with reg. 2)
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Act applied in part (with modifications) in so far as still in force by S.I. 2003/2426, Sch. 1 para. 8AA (as amended) (17.12.2018) by The Privacy and Electronic Communications (Amendment) Regulations 2018 (S.I. 2018/1189), regs. 1, 2(2)(3)
Contents
- Part I: Preliminary Repealed
- 1Basic interpretative provisions. Repealed
- 2Sensitive personal data. Repealed
- 3The special purposes. Repealed
- 4The data protection principles. Repealed
- 5Application of Act. Repealed
- 6The Commissioner . . . . Repealed
- Part II: Rights of data subjects and others Repealed
- 7Right of access to personal data. Repealed
- 8Provisions supplementary to section 7. Repealed
- 9Application of section 7 where data controller is credit reference agency. Repealed
- 9AUnstructured personal data held by public authorities. Repealed
- 10Right to prevent processing likely to cause damage or distress. Repealed
- 11Right to prevent processing for purposes of direct marketing. Repealed
- 12Rights in relation to automated decision-taking. Repealed
- 12ARights of data subjects in relation to exempt manual data. Repealed
- 13Compensation for failure to comply with certain requirements. Repealed
- 14Rectification, blocking, erasure and destruction. Repealed
- 15Jurisdiction and procedure. Repealed
- Part III: Notification by data controllers Repealed
- 16Preliminary. Repealed
- 17Prohibition on processing without registration. Repealed
- 18Notification by data controllers. Repealed
- 19Register of notifications. Repealed
- 20Duty to notify changes. Repealed
- 21Offences. Repealed
- 22Preliminary assessment by Commissioner. Repealed
- 23Power to make provision for appointment of data protection supervisors. Repealed
- 24Duty of certain data controllers to make certain information available. Repealed
- 25Functions of Commissioner in relation to making of notification regulations. Repealed
- 26Fees regulations. Repealed
- Part IV: Exemptions Repealed
- 27Preliminary. Repealed
- 28National security. Repealed
- 29Crime and taxation. Repealed
- 30Health, education and social work. Repealed
- 31Regulatory activity. Repealed
- 32Journalism, literature and art. Repealed
- 33Research, history and statistics. Repealed
- 33AManual data held by public authorities. Repealed
- 34Information available to the public by or under enactment. Repealed
- 35Disclosures required by law or made in connection with legal proceedings etc. Repealed
- 35AParliamentary privilege. Repealed
- 36Domestic purposes. Repealed
- 37Miscellaneous exemptions. Repealed
- 38Powers to make further exemptions by order. Repealed
- 39Transitional relief. Repealed
- Part V: Enforcement Repealed
- 40Enforcement notices. Repealed
- 41Cancellation of enforcement notice. Repealed
- 41AAssessment notices Repealed
- 41BAssessment notices: limitations Repealed
- 41CCode of practice about assessment notices Repealed
- 42Request for assessment. Repealed
- 43Information notices. Repealed
- 44Special information notices. Repealed
- 45Determination by Commissioner as to the special purposes. Repealed
- 46Restriction on enforcement in case of processing for the special purposes. Repealed
- 47Failure to comply with notice. Repealed
- 48Rights of appeal. Repealed
- 49Determination of appeals. Repealed
- 50Powers of entry and inspection. Repealed
- Part VI: Miscellaneous and General
- Functions of Commissioner Repealed
- 51General duties of Commissioner. Repealed
- 52Reports and codes of practice to be laid before Parliament. Repealed
- 52AData-sharing code Repealed
- 52AADirect marketing code Repealed
- 52Bdata-sharing and direct marketing codes: procedure Repealed
- 52CAlteration or replacement of data-sharing and direct marketing codes Repealed
- 52DPublication of data-sharing and direct marketing codes Repealed
- 52EEffect of data-sharing and direct marketing codes Repealed
- 53Assistance by Commissioner in cases involving processing for the special purposes. Repealed
- 54International co-operation. Repealed
- 54AInspection of overseas information systems Repealed
- Unlawful obtaining et ceteralaetc. of personal data Repealed
- 55Unlawful obtaining etc. of personal data. Repealed
- Monetary penalties Repealed
- 55APower of Commissioner to impose monetary penalty Repealed
- 55BMonetary penalty notices: procedural rights Repealed
- 55CGuidance about monetary penalty notices Repealed
- 55DMonetary penalty notices: enforcement Repealed
- 55ENotices under sections 55A and 55B: supplemental Repealed
- Records obtained under data subject’s right of access Repealed
- 56Prohibition of requirement as to production of certain records. Repealed
- 57Avoidance of certain contractual terms relating to health records. Repealed
- Information provided to Commissioner or Tribunal Repealed
- 58Disclosure of information. Repealed
- 59Confidentiality of information. Repealed
- General provisions relating to offences Repealed
- 60Prosecutions and penalties. Repealed
- 61Liability of directors etc. Repealed
- Amendments of Consumer Credit Act 1974
- 62Amendments of Consumer Credit Act 1974.
- General Repealed
- 63Application to Crown. Repealed
- 63AApplication to Parliament. Repealed
- 64Transmission of notices etc. by electronic or other means. Repealed
- 65Service of notices by Commissioner. Repealed
- 66Exercise of rights in Scotland by children. Repealed
- 67Orders, regulations and rules. Repealed
- 68Meaning of “accessible record”. Repealed
- 69Meaning of “health professional”. Repealed
- 70Supplementary definitions. Repealed
- 71Index of defined expressions. Repealed
- 72Modifications of Act. Repealed
- 73Transitional provisions and savings. Repealed
- 74Minor and consequential amendments and repeals and revocations. Repealed
- 75Short title, commencement and extent. Repealed
- Schedule 1: The data protection principles Repealed
- Part I: The principles Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Part II: Interpretation of the principles in Part I Repealed
- The first principle Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- The second principle Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- The fourth principle Repealed
- 7Paragraph 7 Repealed
- The sixth principle Repealed
- 8Paragraph 8 Repealed
- The seventh principle Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- The eighth principle Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Schedule 2: Conditions relevant for purposes of the first principle: processing of any personal data Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 3: Conditions relevant for purposes of the first principle: processing of sensitive personal data Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 7AParagraph 7A Repealed
- 7BParagraph 7B Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Schedule 4: Cases where the eighth principle does not apply Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Schedule 5: The Data Protection Commissioner . . . Repealed
- Part I: The Commissioner Repealed
- Status and capacity Repealed
- 1Paragraph 1 Repealed
- Tenure of office and appointment Repealed
- 2Paragraph 2 Repealed
- Salary et ceteralaetc. Repealed
- 3Paragraph 3 Repealed
- Officers and staff Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Authentication of seal of the Commissioner Repealed
- 6Paragraph 6 Repealed
- Presumption of authenticity of documents issued by the Commissioner Repealed
- 7Paragraph 7 Repealed
- Money Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Accounts Repealed
- 10Paragraph 10 Repealed
- Application of Part I in Scotland Repealed
- 11Paragraph 11 Repealed
- Part II: The Tribunal Repealed
- Tenure of office Repealed
- 12Paragraph 12 Repealed
- Salary et ceteralaetc. Repealed
- 13Paragraph 13 Repealed
- Officers and staff Repealed
- 14Paragraph 14 Repealed
- Expenses Repealed
- 15Paragraph 15 Repealed
- Part III Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- Schedule 6: Appeal proceedings Repealed
- Hearing of appeals Repealed
- 1Paragraph 1 Repealed
- Constitution of Tribunal in national security cases Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Constitution of Tribunal in other cases Repealed
- 4Paragraph 4 Repealed
- Determination of questions by full Tribunal Repealed
- 5Paragraph 5 Repealed
- Ex parte proceedings Repealed
- 6Paragraph 6 Repealed
- Tribunal Procedure Rules Repealed
- 7Paragraph 7 Repealed
- Obstruction et ceteralaetc. Repealed
- 8Paragraph 8 Repealed
- Schedule 7: Miscellaneous exemptions Repealed
- Confidential references given by the data controller Repealed
- 1Paragraph 1 Repealed
- Armed forces Repealed
- 2Paragraph 2 Repealed
- Judicial appointments and honours Repealed
- 3Paragraph 3 Repealed
- Crown employment and Crown or Ministerial appointments Repealed
- 4Paragraph 4 Repealed
- Management forecasts et ceteralaetc. Repealed
- 5Paragraph 5 Repealed
- Corporate finance Repealed
- 6Paragraph 6 Repealed
- Negotiations Repealed
- 7Paragraph 7 Repealed
- Examination marks Repealed
- 8Paragraph 8 Repealed
- Examination scripts et ceteralaetc. Repealed
- 9Paragraph 9 Repealed
- Legal professional privilege Repealed
- 10Paragraph 10 Repealed
- Self-incrimination Repealed
- 11Paragraph 11 Repealed
- Schedule 8: Transitional relief Repealed
- Part I: Interpretation of Schedule Repealed
- 1Paragraph 1 Repealed
- Part II: Exemptions available before 24th October 2001 Repealed
- Manual data Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- Processing otherwise than by reference to the data subject Repealed
- 5Paragraph 5 Repealed
- Payrolls and accounts Repealed
- 6Paragraph 6 Repealed
- Unincorporated members’ clubs and mailing lists Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- Back-up data Repealed
- 12Paragraph 12 Repealed
- Exemption of all eligible automated data from certain requirements Repealed
- 13Paragraph 13 Repealed
- Part III: Exemptions available after 23rd October 2001 but before 24th October 2007 Repealed
- 14Paragraph 14 Repealed
- 14AParagraph 14A Repealed
- Part IV: Exemptions after 23rd October 2001 for historical research Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Part V: Exemption from section 22 Repealed
- 19Paragraph 19 Repealed
- Schedule 9: Powers of entry and inspection Repealed
- Issue of warrants Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Execution of warrants Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Matters exempt from inspection and seizure Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- Return of warrants Repealed
- 11Paragraph 11 Repealed
- Offences Repealed
- 12Paragraph 12 Repealed
- Vessels, vehicles et ceteralaetc. Repealed
- 13Paragraph 13 Repealed
- Scotland and Northern Ireland Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- Self-incrimination Repealed
- 16Paragraph 16 Repealed
- Schedule 10: Further provisions relating to assistance under section 53 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Schedule 11: Educational records Repealed
- Meaning of “educational record” Repealed
- 1Paragraph 1 Repealed
- England and Wales Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 4AParagraph 4A Repealed
- Scotland Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Northern Ireland Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- England and Wales: transitory provisions Repealed
- 9Paragraph 9 Repealed
- Schedule 12: Accessible public records Repealed
- Meaning of “accessible public record” Repealed
- 1Paragraph 1 Repealed
- Housing and social services records: England and Wales Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Housing and social services records: Scotland Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Housing and social services records: Northern Ireland Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Schedule 13: Modifications of Act having effect before 24th October 2007 Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- Schedule 14: Transitional provisions and savings Repealed
- Interpretation Repealed
- 1Paragraph 1 Repealed
- Effect of registration under Part II of 1984 Act Repealed
- 2Paragraph 2 Repealed
- Rights of data subjects Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- Enforcement and transfer prohibition notices served under Part V of 1984 Act Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Notices under new law relating to matters in relation to which 1984 Act had effect Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Self-incrimination, et ceteralaetc. Repealed
- 13Paragraph 13 Repealed
- Warrants issued under 1984 Act Repealed
- 14Paragraph 14 Repealed
- Complaints under section 36(2) of 1984 Act and requests for assessment under section 42 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- Applications under Access to Health Records Act 1990 or corresponding Northern Ireland legislation Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- Applications under regulations under Access to Personal Files Act 1987 or corresponding Northern Ireland legislation Repealed
- 19Paragraph 19 Repealed
- Applications under section 158 of Consumer Credit Act 1974 Repealed
- 20Paragraph 20 Repealed
- Schedule 15: Minor and consequential amendments
- Public Records Act 1958 (c. 51) Repealed
- 1Paragraph 1 Repealed
- Parliamentary Commissioner Act 1967 (c. 13) Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- Superannuation Act 1972 (c. 11) Repealed
- 4Paragraph 4 Repealed
- House of Commons Disqualification Act 1975 (c. 24) Repealed
- 5Paragraph 5 Repealed
- Northern Ireland Assembly Disqualification Act 1975 (c. 25) Repealed
- 6Paragraph 6 Repealed
- Representation of the People Act 1983 (c. 2) Repealed
- 7Paragraph 7 Repealed
- Access to Medical Reports Act 1988 (c. 28) Repealed
- 8Paragraph 8 Repealed
- Football Spectators Act 1989 (c. 37) Repealed
- 9Paragraph 9 Repealed
- Education (Student Loans) Act 1990 (c. 6) Repealed
- 10Paragraph 10 Repealed
- Access to Health Records Act 1990 (c. 23)
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13
- Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (1991/1707 (N.I. 14))
- 14Paragraph 14 Repealed
- 15Paragraph 15
- Tribunals and Inquiries Act 1992 (c. 53)
- 16Paragraph 16
- Access to Health Records (Northern Ireland) Order 1993 (1993/1250 (N.I. 4))
- 17Paragraph 17 Repealed
- 18Paragraph 18
- 19Paragraph 19
- Schedule 16: Repeals and revocations Repealed
- IRepeals Repealed
- IIRevocations Repealed